Substance use - caretaker

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In the Matter of MB, FH# 2018-1193

Frances I. Wheat, MPA
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…

In the Matter of MB, FH# 20190610

Nicholas Holahan
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) Appellant, who had a drinking problem in the past, no longer drank and child hadn't seen Appellant drink in over a year; and 2) Appellant left child with grandparents while Appellant went to…

In the Matter of JM, FH# 20191032

Sophia Cho
Reversed -- DCF did not have reasonable cause or sufficient evidence to believe that appellant mother neglected child when 1) child was a substance exposed newborn; 2) mother's use of and child's exposure to marijuana did not impact mother's ability to provide minimally adequate care

In the Matter of JC, FH# 20191564

Laureen Decas
Affirmed - DCF did have reasonable cause to support a finding of neglect by Appellant father as a result of Appellant's extensive police interactions regarding substance use in the three months prior to the report, as Appellant was failing to adequately protect the child's well-being.

In the Matter of BD, FH# 20191584

Laureen Decas
Affirmed - DCF did have sufficient evidence to support a finding of neglect by Appellant father/stepfather when Appellant drove intoxicated with his children and step-children in the car, proven by the police report, sobriety tests, and breathalyzer results.

In the Matter of CH, FH# 20191534

Anastasia King
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…

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 EJ, FH# 20190886

David Halloran
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant mother after a suicide attempt during which two of her children intervened and called 911. While the incident was upsetting for the children, DCF did not have evidence to suggest that Appellant had failed to…

In the Matter of KL, FH# 20190823

Nicholas Holahan
Reversed - DCF did not have a reasonable basis to support allegations of neglect by Appellant mother as a result of her drinking alcohol when 1) she had never put the children at risk or failed to adequately care for them due to her drinking; 2) she was willingly meeting with a therapist, attending…

In the Matter of AS & PS, FH# 2017-1387

Carmen Temme
Reversed - DCF did not have reasonable cause to support a finding of neglect. The evidence was sufficient to determine that the Appellant parent's actions resulted in failure to provide minimally adequate medical care. However, DCF did not show that the Appellants posed a substantial risk to the…

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 MP, FH# 2017-0999

Lisa Anne Henshall
Affirmed - DCF had a reasonable cause to support a finding of neglect because two of the subject children (aged 3 and 5) disclosed witnessing Appellant father yell and hit their mother. The children's mother made and later retracted a statement about the Appellant hitting her. DCF had reasonable…

In the Matter of EM, FH# 2017-0374

Nicholas Holahan
Reversed - DCF had no reasonable cause to support allegations of neglect where Appellant allegedly drove while intoxicated with the child in the vehicle. It was determined that (1) Appellant did not transport the child, the grandmother did; (2) Appellant regularly checked on her son during the…

In the Matter of RH, FH# 2018-0121

Laureen Decas
DCF has reasonable cause to find neglect where a young child witnesses domestic violence and expresses sadness. Here, domestic violence was found when one parent was yelling and throwing objects. Hearing officer will consider past domestic violence reports and substance abuse in determining whether…

In the Matter of RH, FH# 2018-0121

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect where a young child witnessed domestic violence and expressed sadness. The Hearing Officer considered past domestic violence reports and substance use in determining whether there was reasonable cause for finding neglect.

In the Matter of JC, FH# 2018-0427

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) the Appellant Mother exposed the child to a lengthy and hostile argument; (2) the child was not provided with adequate stability and growth; (3) the Appellant Mother infrequently participated in drug treatment; and…

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 JE, FH# 2017-1368

Jorge F. Ferreira
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…

In the Matter of A.B., FH# 2017-1238

Lisa Anne Henshall
Affirmed - DCF did have reasonable cause to support a finding of neglect. Appellant mother and maternal grandmother were out at lunch and highly intoxicated while in the presence of the child. Furthermore, it was determined that the Appellant allowed the maternal grandmother to drive her and the…

In the Matter of K-W.J., FH# 2018-0033

Linda A. Horvath
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.

In the Matter of MR, FH# 2017-0408

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a 51B decision when Appellant allowed a child to visit her their mother and, unbeknownst to Appellant, that visit resulted in physical abuse of the child by another person.

In the Matter of GC, FH# 2017-0291

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support the 51A report for neglect where the Department was unable to demonstrate that the Appellant posed danger to the child and/or substantial risk to the child's safety or well-being. There was a lack of clarity regarding the Appellant's history…

In the Matter of M.M., FH# 2018-0106

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a 51A report of neglect where the Appellant's ex-husband failed to provide minimally adequate care to his son by driving while intoxicated with his son in the passenger seat. The Appellant's ex-husband and his son were involved in a car accident,…

In the Matter of M.M., FH# 2018-0106

Maura E. Bradford
Affirmed - The Hearing Officer found that there was reasonable cause to find neglect in the Department’s supported 51B decision; the decision was affirmed. The Hearing Officer found that the appellant's ex-husband failed to provide minimally adequate care to his son when driving while intoxicated,…

In the Matter of DC & JN , FH# 2017-1184

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of neglect because the Reporter later retracted his/her initial report of issues with Appellants - mother and father's home. There was also no evidence that the Appellant - mother's mental health issues or marijuana use interfered…

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 SM, FH# 2017-0063

Carmen Colon
Affirmed - DCF had sufficient evidence to find neglect where Appellant Mother was aware of physical abuse by her boyfriend towards her twin children, one of whom was diagnosed with PTSD and displayed self-harm through burning and desire to burn down the school and family house, as well as harm the…

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 NP & KS, FH# 2018-0294

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) Appellant Parent's low level of engagement in drug treatment was insufficient to maintain their sobriety; and (2) child expressed being upset about how much their parents yell at each other, especially when the…

In the Matter of DG, FH# 2018-0211

Anne L. Dale Nialetz
Affirmed - The fair hearing officer found reasonable cause to support The Department’s inding of neglect where the mother displayed alcohol abuse, a history of prostitution, risky and impulsive behaviors, expressing no desire to care for the children, leaving them unattended in the care of roommate…

In the Matter of DG, FH# 2018-0211

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to believe that the child had 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…

In the Matter of JR, FH# 2017-0205

Carmen Temme
Reversed - DCF did not have reasonable cause to support allegations of neglect where there was no risk to the children’s safety nor were the children put in immediate danger. Appellant Father, while unable to personally provide adequate care due to intoxication, ensured the safety of the children by…

In the Matter of PS, FH# 2017-1334

Laureen Decas
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the appellant took actions necessary to provide the child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, and other essential care 2) the Department's…

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 NS, FH# 2017-1357

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant was compliant with treatment for opioid disorder, had not suffered a relapse during her years of treatment and had not tested positive for any other illicit substances 2) the Department obtained…

In the Matter of KH & SC, FH# 2017-1381

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because there was no evidence that Appellant's testing positive for marijuana after her child's birth placed her child in danger or posed a substantial risk to the child's safety or well-being.

In the Matter of DF, FH# 2017-0692

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was insufficient evidence that Appellant mother's marijuana use during pregnancy placed her newborn child in danger and posed a substantial risk to the child's safety and well-being. While there was evidence…

In the Matter of HA, FH# 2017-1210

Linda A. Horvath
Affirmed - DCF did have reasonable reasonable cause to support a finding of neglect. The Department provided sufficient evidence that the appellant mother was misusing her child's Adderall prescription and had a history of alcohol abuse in the presence of the children. Moreover, DCF showed that the…

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 CP, FH# 2017-0701

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was no evidence to indicate that Appellant mother did not provide her newborn child with minimally adequate care, or that her marijuana use during pregnancy placed her child in danger or posed a substantial…

In the Matter of ST & RJ, FH# 2017-0029

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegations of neglect against Appellant Parents where the decision was based on Appellant Mother’s history of mental health diagnoses and Appellant Father and wife’s previous out of state child services case histories. It was determined that…

In the Matter of LH, FH# 2017-1386

Carmen Temme
Affirmed - DCF had reasonable cause to find neglect because 1) the Appellant failed to secure/dispense the child's prescribed medication 2) the Appellant failed to fill the child's medication for six months 3) the Appellant was aware of their child's mental health concerns including a previous…

In the Matter of JR & KR, FH# 2017-1134

Jorge F. Ferreira
Reversed - DCF did not have a reasonable cause to support a finding of neglect because neither Appellant mother nor the subject child tested positive for illicit substances at the time of delivery, and there was no evidence that Appellant mother's illicit methadone use during early pregnancy placed…

In the Matter of LM, FH# 2017-0501

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) Appellant mother, although she had a history of drug abuse and prior finding of neglect during that time, took a drug test which only came back positive for marijuana which she has a medical card for 2) the…

In the Matter of LO, FH# 2017-0055

Carmen Colon
Affirmed - DCF had reasonable cause to support allegations of neglect against Appellant Mother where a child (1) was exposed to domestic violence and substance use; (2) needed to be kept away from Appellant, who experienced aggressive mental breakdowns resulting from arguments with the father; and…

In the Matter of ND, FH# 2017-0276

Antonia Chronis, Esq.
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…

In the Matter of DS, FH# 2017-0071

David Halloran
Affirmed - DCF had reasonable cause to make a finding of neglect where the Appellant was driving under the influence of alcohol with a child present and not wearing a seatbelt. Testimony or evidence is not persuasive when it does not address the accusations.

In the Matter of JS, FH# 2017-1247

Laureen Decas
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the department had no evidence to confirm that the mother was actively abusing substances at the time 2) the department did not consider statements obtained from the child regarding her parents and their drug use…