Physical Abuse

Remanded - While DCF had reasonable basis for closing Appellant's case and terminating services where Appellant failed to comply with the terms of his placement agreement/service plan by acting aggressive to peers and staff, regularly leaving the program without permission, abusing alcohol and…

Affirmed in part and reversed in part - DCF had reasonable cause to support allegations of neglect where Appellant’s children were sexually abused, and exposed to threats of violence and excessive violence. The children also witnessed a pattern of domestic violence between Appellant and Appellant’s…

Reversed - DCF did not have sufficient evidence to support allegations of abuse by Appellant mother where children's reports were determined to be unreliable. Discrepancies also existed between the children's allegations; some reported events of abuse that were unable to be corroborated by their…

Affirmed - DCF had reasonable cause to support the 51A decision for neglect against the Appellant (maternal grandmother and guardian of the child "N"). A Probate and Family Court Order from June 24, 2014 ordered the Appellant to continue to serve as the guardian of N due to a history of substance…

Affirmed - DCF had reasonable cause to support a finding of physical abuse because 1) a doctor and DCF regional nurse described the injury as inflicted 2) the child consistently disclosed the same information which Appellant father disputes 3) Appellant has history with DCF of a supported physical…

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…

Affirmed - DCF had a reasonable basis for closing Appellant's case where there was never a supported 51B of physical abuse of Appellant's daughter at the hands of Appellant's former wife, no collaterals involved with the family had any concerns regarding Appellant's daughter, who was living with…

Affirmed - DCF had reasonable cause to support the 51A report for physical abuse and neglect against the Appellant ("JV"). The Hearing Officer found that the Appellant utilized objects such a coat hanger and a belt to discipline his children, A and J, that left marks on their face, back, and legs…

Affirmed - DCF had reasonable cause to support a finding of physical abuse because 1) the child provided consistent details of what happened to multiple persons 2) there were visible marks that corroborated the Appellant mother's actions

Reversed - DCF did not have reasonable cause to support the 51A decision for sexual abuse against the Appellant (the boyfriend of the biological mother of children F, S, and T). There was insufficient evidence to support allegations that the Appellant had taken his clothes off in front of the three…

Affirmed - DCF had reasonable cause to support a 51A report of physical abuse when child testified that play-fighting with Appellant Father escalated to physical abuse on multiple occasions; that he believed the Appellant had anger issues; that he was hit by Appellant during their court ordered…

Reversed - DCF did not have reasonable cause to support a finding of physical abuse because 1) it was determined that the child was not a reliable reporter given a history of lying about circumstances involving the Appellant 2) when examined by the school nurse, no injuries were found on the child…

Affirmed - DCF had reasonable cause to support the 51A decision for neglect against the Appellants (biological mother and biological father). When the child ("B") was 21 days old, the Appellants brought B to his pediatrician for a well-child visit. The Appellants self-reported that they had observed…

Affirmed - DCF had reasonable cause to support the 51A report report for physical abuse against the Appellant (mother's live-in boyfriend) where, while intoxicated, the Appellant pushed the child and put his hands around the child's neck during an argument. The Appellant's actions resulted in a…

Affirmed - DCF had reasonable cause to support a finding of abuse and neglect in an isolated instance of physical contact resulting in injury by Appellant, a DYS employee, even when Appellant had a clean employment history. Appellant was responsible for maintenance of a safe and orderly environment…

Reversed - DCF did not have reasonable cause to believe that abuse had occurred when it was shown that, although the Appellant Mother used physical discipline on a young child, (1) the actions did not pose a substantial risk of injury to the child; (2) there was no impact on the child’s growth and…

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 a finding of physical abuse where the Appellant intentionally caused physical injury to his son by punching him in the chest and face as well as allegedly choking him, leading to intervention by the police and ambulance services.

Affirmed - DCF had reasonable cause to support a finding of neglect because 1) Appellant did not dispute that the altercation took place 2) it was undisputed that the Appellant slapped the child and pulled her hair prior to this incident 3) during this incident the Appellant threw the child into a…

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…

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 find physical abuse where: (1) the Appellant (a teacher) struck a child on the face giving the child a lip injury; (2) there was no evidence that the child was motivated to lie because child expressed concern for Appellant's career; and (3) there was evidence…

Affirmed - DCF had sufficient evidence to support a 51A report of physical abuse where the Appellant spanked her toddler with a shoe, leaving visible marks.

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 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…

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,…

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,…

Reversed - DCF did not have reasonable cause to support allegations of physical abuse where the child alleging abuse exhibited behavioral and mental health issues, and had previously made unreliable reports. The Hearing Officer determined that the child likely sustained injuries accidentally, and…

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…

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…