Sexual abuse by non-relative

Reversed - DCF did not have reasonable cause to support neglect and sexual abuse where 1) DCF relied on inconsistent statements by a child who was angry with Appellant, who was a staff member at a program the child attended, and 2) the entire record was not considered during the investigation. In…

Reversed - DCF did not have sufficient evidence to support an allegation of sexual abuse when Appellant boyfriend of Mother adamantly denied touching the child inappropriately and no further evidence was presented to refute this denial. Given Appellant's lack of sexual abuse history, the child's…

Reversed - DCF did not have reasonable cause to remove a Department foster child (D) from the home of the Appellant, an approved pre-adoptive parent. Following the filing of three 51A reports against the Appellant's grandson, who resided in the Appellant's home, for sexual abuse and neglect of two…

Reversed - DCF did not have reasonable cause to support a decision 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 with…

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…

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…

Reversed - DCF did not have reasonable cause to support a 51A report of sexual abuse when the child’s family, as witnesses, stated that the Appellant Landlord was in the child’s home, but the Appellant Landlord was not a caregiver of the child.

Reversed - DCF did not have sufficient evidence to support allegations of sexual abuse by Appellant where testimony from the child/alleged victim was determined to be unreliable. The child only disclosed sexual abuse in an argument with her mother regarding sexual activity, and later struggled with…

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:…

Reversed - A supported 51B decision can be reversed when a parent behaves violently to protect a teenage child who (1) displays behavioral issues; (2) places herself in extremely dangerous situations; (3) has a history of sexually and other reckless behaviors; and (4) has various disabilities, and…

Reversed - DCF did not have reasonable cause to believe that neglect had occurred when a parent behaved violently to protect a teenage child who (1) displayed behavioral issues; (2) placed herself in extremely dangerous situations; (3) had a history of sexually and other reckless behaviors; and (4)…

Reversed - DCF did not have reasonable cause to support a finding of neglect against the Appellant where (1) the children were teenagers with disabilities, (2) the children’s mother and mother’s live-in boyfriend (Appellant) engaged in a one-time argument in front of the children, (3) the argument…

Affirmed - DCF had reasonable basis for listing Appellant (a substitute teacher) in the Central Registry of Alleged Perpetrators where their relationship with a teenage student was found to constitute sexual abuse. Appellant’s actions (including allowing the minor child to skip class in Appellant’s…

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…

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 - 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 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 - The Hearing Officer affirmed a supported 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 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 - The Hearing Officer reversed the finding of neglect because the finding relied solely on a child’s testimony without any corroborating evidence and because the Hearing Officer did not find the testimony sufficiently credible. The child’s first disclosure was 2-3 years after the incident,…

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 51A report of abuse where a young child alleged the Appellant’s husband sexually assaulted them at their home day care. The allegations by the child were not supported by the recollections of other parents or the Appellant Daycare Provider…