Neglect

Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Mother’s use of non-prescribed medications in conjunction with prescribed medications compromised their ability to provide minimally adequate supervision and care for a daycare-aged child. The child also witnessed…

Affirmed - DCF had reasonable cause to support a neglect allegation when a firearm was in an accessible position to a child, even though the firearm was in a holster the child could not open, and the child had undergone firearm safety training.

Affirmed - DCF had reasonable cause to support a finding of neglect when the parent did not have adequate treatment for her mental health issues and those issues got in the way of her child’s education. For example, allowing the child to miss twenty days of school was not acceptable. Appellant not…

Affirmed - DCF had reasonable cause to support allegations of physical abuse and neglect when Appellant Caregiver, working in a professional capacity, took improper steps to diffuse a situation. Appellant violated a child’s disciplinary plan, failed to take the child’s well-being and safety into…

Affirmed - DCF had reasonable cause to support the finding of neglect where, while working in a caregiver capacity as a staff member at a daycare, the Appellant failed to adequately monitor a child in her care, leading to the child's escape from the daycare onto the street. The child was unattended…

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)…

Affirmed - DCF had reasonable cause to support a finding of neglect because 1) Appellants lack of supervision led to the children's excessive injuries 2) Appellants educationally neglected the children (three of which have identified special needs and one of which has severe behavioral issues) by…

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 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…

Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant father was not visibly intoxicated and only had two drinks 2) the medication Appellant was taking had an unanticipated negative interaction with the alcohol 3) Appellant is no longer on said…

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…

Reversed - DCF did not have reasonable cause to support a finding of abuse when there was no evidence that Appellant’s children were in danger or that their safety and well-being were threatened. While the children were present in the home during the parents’ altercation, all parties reported that…

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 sufficient evidence to revoke the Appellant's kinship foster care license. The Appellant was an open kinship foster care provider for her niece, but the Department determined that the Appellant failed to meet foster care licensing standards after 1) a 51A report was filed alleging…

Affirmed - DCF had reasonable cause to support allegations of neglect against Appellant Mother where mother, intoxicated and behaving in a physically and verbally abusive manner toward Appellant Father and his mother, dropped the infant child.

Reversed - DCF did not have reasonable cause to support a report of neglect when the hospital, as a mandated reporter, did not provide specific evidence that Appellant had failed to provide adequate medical care for the child. DCF did not have reasonable cause to hold that the Appellant’s resistance…

Affirmed - DCF had reasonable cause to support a 51B finding of neglect where the Appellant, the children’s legal guardian, exercised poor judgment by allowing multiple guests to visit her home. This made the home overcrowded to the point that it was impacting the functioning of the children. The…

Affirmed - DCF had reasonable cause for neglect where an Appellant Professional did not use their training procedures to follow protocol and escalated the situation with a child by: (1) calling the child a “tough guy;” and (2) offering the child a pen and paper for them to write down a place to…

Affirmed - DCF had reasonable cause to support a 51B decision of neglect where the Appellant, an overnight staff worker at a residential program, failed to perform bed checks as required by her job. When she learned of a possible inappropriate situation involving another staff member and a child,…

Affirmed - DCF had sufficient evidence to find neglect where Appellant left the child with child’s mother overnight despite knowing that it was possible that she had a long history of substance use, had relapsed, and might not have been able to provide adequate care and supervision for the child.

Affirmed - DCF had sufficient cause to support allegations of neglect and sexual abuse against a staff member at a youth institution where the child in question provided clear, consistent testimony over multiple interviews; and where Appellant’s actions posed a substantial risk to the child.

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 reasonable cause to deny Appellant’s application to become a licensed kinship, child-specific family resource when: (1) Appellant allowed non-approved individuals to care for the child in Appellant’s absence, including the child’s mother, who has a history of substance abuse, as…

Affirmed - DCF had reasonable cause to support a 51A report for neglect against the Appellant (kinship foster parent) where the Appellant allowed two unapproved caretakers to have unsupervised contact with the child. In the first documented instance, the unapproved caretaker had a criminal record…

Affirmed - DCF had reasonable cause to support allegations of neglect where a foster parent used physical discipline on children in their care. Given the children’s trauma histories, physical discipline went against treatment recommendations and amounted to a failure to provide stability and growth,…

Affirmed - DCF had reasonable cause to support a finding of neglect by the Appellant when he failed to sufficiently secure the car seat for the child at the daycare he was working at. The seat came loose and fell across the van onto the floor while the van was in motion. The Hearing Officer found…

Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Mother refused to allow her daughter to stay in the home for fear that the child was dangerous. Appellant failed to meet burden of proof for this belief, and did not seek to find alternative accommodations for the…

Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant was in continual conflict with the child, spoke negatively about the other parent, and took a harsh punitive approach toward disciplining the child. The Appellant got into a verbal argument with his child which…

Affirmed - A supported 51B decision for neglect by the mother can be affirmed when the mother leaves children with the father while having knowledge of the father’s substance abuse, mental health issues, and history of domestic violence with children present.

Affirmed - DCF had reasonable cause to believe neglect by the Appellant Mother when the Appellant Mother left children with the father while having knowledge of the father’s substance use, mental health issues, and history of domestic violence with children present.

Reversed - DCF did not have sufficient evidence to support a 51B decision for neglect and abuse where: (1) abuse and neglect allegations were made by mother, who has a strained and volatile relationship with Appellant Father, (2) the child claimed events occurred merely because the mother said so,…

Affirmed - DCF had a reasonable cause to support allegations of neglect when an employee at a residential treatment facility served a child food that contained known allergens, causing an allergic reaction and resulting in the child's admission to the hospital. Appellant was not aware they had…

Affirmed - DCF had reasonable cause to support allegations of neglect where a driver hired by a daycare failed to drop off a young child, and left the child unattended in the vehicle for 5-10 minutes before being alerted to the issue. DCF’s determination that this relatively short period of time…

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…

Reversed - DCF did not have reasonable cause to support the 51A decision for neglect against the Appellant (staff member at a short-term placement facility for adolescent boys). Though the Appellant ("SM") had left the boy ("A") unattended with bathroom cleaning supplies, which is a violation of the…

Reversed - The Hearing Officer did not have sufficient evidence to support a finding of neglect where the allegations relied solely on a child’s testimony without any corroborating evidence and the testimony was not sufficiently credible. The child’s first disclosure was 2-3 years after the…

Reversed - DCF did not have reasonable cause to support a finding of neglect where the Appellant was never the primary caretaker of the child at the time he was drinking. While the child’s medical issues, the family’s history of violence, and the Appellant’s past substance use issues were concerns,…

Reversed - DCF did not have reasonable cause to support a finding of neglect where Appellant Daycare Provider left two children with her brother while she took the other two with her to get her diabetes medication. Appellant was well enough to drive and did not place the children with her in any…

Reversed - DCF did not have reasonable cause to support a 51A decision when a daycare provided testimony that appeared to be credible asserting quality of its care, even when a parent testified that the quality of care was poor. This included a parent testifying that the provider was neglectful in…

Reversed - DCF did not have reasonable cause to support allegations of neglect against the Appellant (the child's mother) where, though alcohol use may have been somewhat of an issue for the Appellant, it was not determined with certainty to be a contributing factor to her fainting and getting…

Affirmed - DCF had reasonable cause to support a finding of neglect against the Appellant guardian where: (1) the children's mother and her ex-boyfriend had a previously supported 51A report due to a history of domestic violence and substance abuse, and as a result were not allowed to be alone with…

Affirmed in part and reversed in part - DCF did not have reasonable cause to support a finding of abuse where there was no evidence corroborating the child’s allegation that her mother hit her. While DCF had the child’s allegations of abuse, there were no observed injuries that matched the…

Reversed - DCF did not have reasonable cause to support allegations of neglect. The Appellant’s regular use of marijuana, the reports of her children occasionally watching the daycare children while the Appellant napped, and the children’s reported struggles were reasonable cause for DCF’s initial…

Affirmed - DCF had reasonable cause to believe that the child has been neglected and that the Appellant's foster care license should be revoked where Appellant allowed the children to have an unsupervised visit with their birth mother who has a history of substance use. Appellant later encouraged…

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…

Affirmed - DCF had reasonable cause to support allegations of neglect and physical abuse where the Appellant Adoptive Father purposefully hit the child with a sandal, leaving a clear mark that was visible on the child for a week. The child stated he was afraid of Appellant Adoptive Father and that…

Affirmed - DCF had reasonable cause to support a 51A report of neglect where (1) Appellant Mother’s actions posed a substantial risk to the child’s safety and well-being, (2) Appellant had significant mental health issues, which she exacerbated by using drugs and alcohol, that impaired her…