Physical Abuse

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In the Matter of MS, FH# 20191203

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegation of physical abuse when (1) children could not provide a timeline of physical abuse and didn't offer details; (2) child couldn't remember how she received a bruise on her leg; (3) other child had no bruises on his body; (4) child…

In the Matter of EC, FH# 20190970

Frances I. Wheat, MPA
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) the decision to support was made largely relying on statements from Appellant's ex-wife (and child's mother) and her therapist; 2) there is an ongoing case in Family and Probate Court, which…

In the Matter of LM, FH# 2017-1394

Carmen Temme
Reversed - Although DCF had reasonable cause to support a finding of neglect due to "relationship discord," there was no evidence that the Appellant father placed the children in immediate danger or posed risk to their safety whereDCF's decision-making lacked corroboration and detail and mother…

In the Matter of MS, FH# 2017-1202

Antonia Chronis, Esq.
Reversed - DCF did not have a reasonable cause to support a finding of physical abuse because there was insufficient evidence that Appellant mother pushing her child into a room caused her child to sustain physical injury. Appellant pushed the child after a struggle over the child's backpack…

In the Matter of NCP, FH# 2017-1409

Carmen Colon
Affirmed - DCF had reasonable cause to support a finding of neglect where when Appellant mother was at the police department performing a court ordered child exchange with biological father for her scheduled visitation, she initiated a physical altercation with the father, punching him in the face…

In the Matter of CG, FH# 2018-0520

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect where Appellant had a history of substance abuse (alcohol, heroin, marijuana, cocaine, opiates, and Fentanyl) while her granddaughter was in her custody, resulting in the Appellant’s failure to provide minimally adequate supervision and other…

In the Matter of KB and EO, FH# 2017-0018

Laureen Decas
Affirmed in part and reversed in part - DCF had reasonable cause to support the 51A decision for physical abuse against the Appellant-live-in partner (caregiver). The Appellant live-in-partner allegedly slapped the child across the face while the Appellant mother was outside. The slap left…

In the Matter of JS, FH# 2018-0018

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect when (1) a 9-year-old child witnessed physical violence between their parents; (2) the Appellant Father had a history of anger and grief-related issues; (3) the Appellant Father had been physically violent towards the child; and (4) both parents…

In the Matter of AD, FH# 2017-1361

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of physical abuse because the child had significant behavioral problems, and there was no evidence that the injury to the child's face was a result of her mother hitting her. Video evidence showed the child's mother physically…

In the Matter of KG, FH# 2017-1187

Frances I. Wheat, MPA
Affirmed - DCF has reasonable basis to close young adult Appellant's case and terminate services where the Appellant declined the Department's proposed living placements and did not fully utilized the programs previously in place for her. At 22 years old, soon to be 23, the Appellant has been…

In the Matter of FM, FH# 2017-0315

Carmen Temme
Reversed - DCF did not have a reasonable cause to support an allegation of physical and sexual abuse against a non-guardian stepfather when the child had mental health issues, the report was made years after the occurrence of alleged abuse, there was no evidence that the child was abused during time…

In the Matter of VJ, FH# 2017-1385

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of neglect for the children's Appellant mother. There was insufficient evidence that the children's mother met the department's definition of neglect. While the children did engage in rough playfighting with their stepfather, which…

In the Matter of SB, FH# 2017-1365

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of neglect because Appellant, the child's mother, was sleeping at the time of the accident. She allowed the child's father to give the child his midnight feeding and had no reason to believe that the father was intoxicated.

In the Matter of ST, FH# 2017-1372

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of abuse or neglect because a 1-month-old child, while briefly unattended, fell from a counter in an unfortunate incident after his father bathed him. The child sustained a subarachnoid hematoma, intraventricular hematoma, and a…

In the Matter of NM, FH# 2017-1353

Linda A. Horvath
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…

In the Matter of MS, FH# 2017-1241

Carmen Temme
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…

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 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 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 KS, FH# 2017-0490

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of physical abuse because 1) Appellant mother only spanked child which caused no injury as defined by the Department 2) Appellant rarely uses spanking as a form of discipline and the hearing officer found her to be credible 3) there…

In the Matter of E.S., FH# 2018-0237

Frances I. Wheat, MPA
Reversed - DCF had insufficient evidence to support a 51A report of physical abuse when the Appellant hit his son on his buttocks with a belt, over his clothes, as physical discipline. The Appellant talked with his son before and after the physical punishment and the child reported that the…

In the Matter of EW, FH# 2017-0235

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a finding of abuse. There were no bruises or other signs of abuse observed on the child, and there was not enough evidence regarding the extent of the discipline. Although it is undisputed that the Appellant spanked her child, “mere physical…

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 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 JS and TW, FH# 2018-0160

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support allegations of physical abuse where the child’s siblings confirmed the abuse, even though they later retracted it due to coaching from parents. Although DCF regulations do not offer guidance on what to do when parents coach their children to deny…

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 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 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 MS, FH# 2017-0127

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support the 51A decision for physical abuse against the Appellant (biological mother). Though the older child, D, told her school counselor that the Appellant had punched her in the head and hit her in the knee, these injuries were found to have been…

In the Matter of LW, FH# 2017-0148

Lisa Anne Henshall
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…

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 JN, FH# 2017-0126

Carmen Colon
Affirmed - DFC had reasonable cause to support the 51A decision for physical abuse against the Appellant (biological father). The Appellant had an extensive history of violence in the home which led to his eventual removal and incarceration. The disclosure of the abuse and filing of the 51A reports…

In the Matter of MM, FH# 2017-1223

Carmen Temme
Affirmed - DCF had reasonable cause to make a finding of neglect. The Appellant mother was participated in a pattern of incidents which, taken in their totality, resulted in a failure to provide the child with less than minimally adequate emotional stability and growth. These incidents included:…

In the Matter of BS, FH# 2017-0183

Anastasia King
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…

In the Matter of MD and CJ, FH# 2017-0327

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support allegations of abuse where Appellants used corporal punishment. The use of corporal punishment was not found to be abuse because: (1) the Appellants signed a document with the police saying they would stop two years prior; and (2) there was no…

In the Matter of RS, FH# 2017-0125

Anastasia King
Affirmed in part and reversed in part - DCF had reasonable cause to support the 51A decision for physical abuse against the Appellant (biological father). The Appellant's action of spanking the child across the child's backside was found to be intentional, left marks on the child, and created a…

In the Matter of JD, FH# 2017-0612

Laureen Decas
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…

In the Matter of KT, FH# 2017-1191

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support a finding of physical abuse because Appellant mental health assistant engaged in a forceful struggle with the child, pushing her against a kitchen counter, and placing his closed fist under her neck while pushing her down, creating a substantial risk of…

In the Matter of KB, FH# 2017-0582

Carmen Temme
Reversed - DCF did not have reasonable cause to support a finding of physical abuse 1) Appellant mother pushed the child after frustration that her refused to help pack and move to a new home and the two small marks that resulted didn't cause or create a substantial risk of physical injury 2) It…

In the Matter of RK, FH# 2017-0095

Nicholas Holahan
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…

In the Matter of DB, FH# 2017-0370

Nicholas Holahan
Affirmed - DCF had reasonable cause to support an allegation of physical abuse when the child’s account was clear and consistent, and there was physical evidence of significant force that could be reasonably inferred to have occurred under Appellant’s care.

In the Matter of JT, FH# 2017-0786

Carmen Colon
Affirmed - DCF had reasonable cause to close the Appellant's (biological father's) case. The Department opened the family case after DCF was notified via 51A reports that the Appellant's two children were being physically abused by the aunt of the Appellant's ex-girlfriend, with whom the Appellant's…

In the Matter of YN, FH# 2017-0513

Carmen Colon
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…

In the Matter of BO, FH# 2017-0462

Maura E. Bradford
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…

In the Matter of TG, FH# 2017-0301

Frances I. Wheat, MPA
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…

In the Matter of EKB & TB, FH# 2017-0211

David Halloran
Affirmed - DCF had reasonable cause to believe that physical abuse had occurred even when the perpetrator was unknown when (1) a child who was less than a month old had a broken bone from an unknown event; (2) physicians testified that the type of fracture can but does not commonly arise from normal…

In the Matter of SA, FH# 2017-0311

Carmen Colon
Reversed - DCF had insufficient evidence to support a 51A report of neglect and physical abuse where the Appellant physically restrained his son as a form of discipline, and there was no concrete evidence to suggest that the child was at risk of injury or had been injured as a result. Appellant…

In the Matter of MT, FH# 2017-0488

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a finding of physical abuse because 1) Appellant father continued to hit child with a belt after the first reported incident 2) child reported that Appellant had used a belt to hit him twice a month since he could remember 3) child reported receiving a…