Probate and Family Court

Reversed - DCF did not have reasonable cause to support allegation of neglect of 16-year-old child by Appellant father where 1) Appellant was drinking in front of child; and 2) After drinking to intoxication, Appellant let child (who had learner's permit) drive Appellant home with another, sober…

Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) Appellant provided substantial evidence to prove the children's mother had fabricated similar allegations in the past to regain legal and physical custody of them; 2) the children were…

Reversed - DCF did not have reasonable cause to support a finding of neglect by Appellant father as a result of mother's mental health issues and substance use, as Appellant did not care for the child while intoxicated, was approved for temporary custody by the Probate Court, and found alternate…

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…

Reversed - DCF did not have sufficient evidence to support a finding of neglect against Appellant mother after father reported Appellant for domestic violence when 1) the evidence is conflicting and unclear; 2) Appellant alleges she was the victim of domestic violence, not the perpetrator; 3) the…

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…

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…

Affirmed - DCF had a reasonable basis for closing Appellant's case and terminating services where Appellant was not compliant with his service plan tasks, whereas there was substantial evidence showing that the biological mother of the Appellant's child was abiding by her service plan, engaged in…

Affirmed - DCF had reasonable cause to terminate services when the Appellant was found not to have submitted 51A reports that allegedly supported continuation of services for his child in the mother’s home.

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…

Reversed - DCF did not have reasonable cause to support allegations of sexual abuse where the child appeared to be coached in their disclosure. Indicators of coaching include an ongoing custody dispute between Appellant Father and child’s mother, a pattern of unfounded allegations against Appellant…

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 a finding of neglect where, though the Appellant and her ex-wife fought, yelled, and used inappropriate words in front of the subject child, there was no reasonable cause to indicate that the Appellant's actions placed the child in danger or…

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:…

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.

Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant father: (1) left two children in a home with unsecured firearms resulting in their exposure to said firearms which posed a substantial risk to their safety (2) knew that the firearms were in the home but neither…

Affirmed - Hearing Officer affirmed the Department’s support of physical abuse allegations 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.

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…

Affirmed - DCF had reasonable cause to support the allegations of neglect by the Appellant (biological mother) where the Appellant failed to provide minimally adequate emotional stability and growth for the child by engaging in a physical altercation with the Appellant's partner (the child's father)…

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 sufficient evidence to make a finding of neglect where Appellant Mother (1) was involved in a domestic dispute with child’s father in front of the child and the child was screaming and crying during the incident; and (2) was subsequently arrested and had criminal charges pending,…

Affirmed - Hearing Officer supported the Department’s decision to terminate services where appellant’s evidence for service continuation was based in 51A reports that the Department had not received. Appellant claimed to have filed the reports in response to neglect of his daughter by the child’s…

Affirmed - DCF had reasonable cause to believe that Appellant Mother neglected her child where (1) Appellant Mother failed to comply with court visitation orders for the father; (2) Appellant falsified testimony of sexual abuse by the father and coached the child to make those allegations as well;…

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…

Reversed - DCF did not have reasonable cause to support the 51A decision for sexual abuse against the Appellant (biological father of children D and J). In an initial disclosure to a mandated reporter, D and J stated that they had played a game with the Appellant where all three of them took their…

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…