Substance use - caretaker

Reversed - DCF did not have a reasonable cause to support a finding of neglect because accusations against Appellant father were not credible or supported by any evidence. Appellant's estranged spouse, who had a history of substance abuse and mental health issues, called the police and claimed that…

Affirmed - DCF had reasonable cause to support a finding of neglect because the child's mother overdosed in Appellant grandmother's home and the child reported to her social worker that she saw her mother unconscious in the bathroom. The Appellant claimed that the child was not home, but DCF did not…

Affirmed - DCF had reasonable cause to find that Appellant Father neglected the child where (1) there had been ongoing physical, mental, and emotional abuse committed by Appellant against the children's mother; (2) the abuse was frequent and occurred in the presence of the children; (3) Appellant…

Reversed - DCF acted without reasonable basis in supporting a finding of neglect by child’s grandmother where she did not qualify as a caretaker. Grandmother was pulled over on suspicion of drunk driving while mother and child were in the car. Family denied claims on basis that she had difficulty…

Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant parents: (1) asked their 16 year old daughter, who had her learner's permit, to be their designated driver (2) had a history of alcohol abuse and OUI charges (3) allegedly drove under the influence while the…

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 a finding of neglect where the Appellant Mother failed to provide minimally adequate care to her two children by Appellant Mother's: (1) failure to maintain a clean home; (2) refusal to use recommended resources to address her mental health issues; (3)…

Affirmed - DCF had reasonable cause to support the allegation of neglect against the Appellant where the subject child (the Appellant's son) witnessed the argument between the Appellant and the Appellant's wife where the Appellant broke his wife's phone and struck her, leading to his arrest for…

Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was insufficient evidence to indicate that Appellant mother's use of marijuana placed her children in danger or posed substantial risk to their safety or well-being. Appellant's newborn child was born full…

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 in part and reversed in part - DCF had reasonable cause to affirm a 51A report alleging the neglect of one child, and did not have reasonable cause to support 51A reports of neglect against the other three children.

Affirmed - DCF had reasonable cause to support a 51A report of neglect where there was a domestic dispute between Appellants, mother and stepfather, during which the Appellant Stepfather was intoxicated, and following the dispute the Appellant Mother went to the hospital for self-inflicted injuries.…

Affirmed - DCF had reasonable cause to support the allegation of neglect by the Appellant where, while serving as the caretaker of his daughter, who has Cerebral Palsy and has a trachea, the Appellant smoked marijuana and consumed alcohol. Additionally, when the Appellant's ex-wife, the child's…

Affirmed - The Hearing Officer decided to affirm the department’s supported 51B decision. A hearing officer can affirm when (1) a parent has been accused of touching a sleeping child on the breast over their clothes; (2) the incident happened three years before reporting; (3) the parent has…

Affirmed - DCF had reasonable cause to believe that abuse had occurred when (1) Appellant Father had been accused of touching a sleeping child on the breast over their clothes; (2) the incident happened three years before reporting; (3) the parent had undisputed alcoholism; and (4) the child did not…

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…

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 had no reasonable cause to support allegations of neglect following a 51A report from a hospital where Appellants were undergoing heroin detox because: (1) the children showed no signs that Appellants’ daily heroin use had put them at substantial risk, and (2) the grandparents were…

Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Father, with children in the car, was observed to be driving erratically and was later charged with OUI and Child Endangerment after he failed a sobriety test and was found to have a half-full bottle of vodka in…

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 the 51A Report for neglect by the Appellant where the Appellant failed to provide her biological son with minimally adequate supervision, emotional stability, and growth by 1) acknowledging that she was an alcoholic but never engaging in substance abuse…

Reversed - DCF had insufficient evidence to support a neglect report because the investigation was not conducted properly, including no police report, no medical records, and no further questions asked of the Appellant Mother to support an allegation of neglect.

Affirmed - DCF had a reasonable cause to support a finding of neglect because Appellant mother and father had a history of substance abuse and children removed from their care, they interfered with the collection of urine and meconium samples from the subject child, and the Appellant mother lied…

Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was no evidence that the Appellant's daughter was impacted by her use of marijuana during pregnancy, or that it had placed the daughter in medical danger or risk of injury. Appellant was able to show through…

Reversed - DCF did not have reasonable cause to find neglect on the part of the Appellant Mother where (1) the police reported that the Appellant was driving children while intoxicated, (2) multiple other people reported that the Appellant had only one drink more than three hours before driving, (3)…

Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Mother’s use of non-prescribed medications in conjunction with prescribed medications compromised their ability to provide minimally adequate supervision and care for a daycare-aged child. The child also witnessed…

Affirmed - DCF did have reasonable cause to support allegations of neglect where Appellant’s use of non-prescribed medications in conjunction with prescribed medications compromised their ability to provide minimally adequate supervision and care for a daycare-aged child. The child also witnessed a…

Affirmed - DCF had reasonable cause to support a finding of neglect when the parent did not have adequate treatment for her mental health issues and those issues got in the way of her child’s education. For example, allowing the child to miss twenty days of school was not acceptable. Appellant not…

Affirmed - DCF had a reasonable cause to support a goal change from “permanency through reunification” to “permanency through adoption” where the Appellant had a history of substance use and was using various substances, when there were reported instances of domestic violence in the Appellant’s…

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 did not find reason to overturn a prior Fair Hearing decision where the original Hearing Officer complied with DCF policies. New information is not accepted in appeal hearings unless the appeal is in regards to adding a person’s name to the Registry of Alleged Perpetrators or…

Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant father was not visibly intoxicated and only had two drinks 2) the medication Appellant was taking had an unanticipated negative interaction with the alcohol 3) Appellant is no longer on said…

Affirmed - DCF had reasonable cause to support allegations of neglect against Appellant Mother where mother, intoxicated and behaving in a physically and verbally abusive manner toward Appellant Father and his mother, dropped the infant child.

Affirmed - DCF had sufficient evidence to find neglect where Appellant left the child with child’s mother overnight despite knowing that it was possible that she had a long history of substance use, had relapsed, and might not have been able to provide adequate care and supervision for the child.

Affirmed - A supported 51B decision for neglect by the mother can be affirmed when the mother leaves children with the father while having knowledge of the father’s substance abuse, mental health issues, and history of domestic violence with children present.

Affirmed - DCF had reasonable cause to believe neglect by the Appellant Mother when the Appellant Mother left children with the father while having knowledge of the father’s substance use, mental health issues, and history of domestic violence with children present.

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,…

Affirmed - DCF had reasonable cause to support a neglect finding where the Appellant Mother was drinking to the point of intoxication over a three-week period while her child was asleep. The Hearing Officer also considered the child’s mental health issues and the child’s statement that she felt…

Reversed - DCF did not have reasonable cause to support a finding of neglect where the Appellant was never the primary caretaker of the child at the time he was drinking. While the child’s medical issues, the family’s history of violence, and the Appellant’s past substance use issues were concerns,…

Reversed - DCF did not have reasonable cause to support allegations of neglect against the Appellant (the child's mother) where, though alcohol use may have been somewhat of an issue for the Appellant, it was not determined with certainty to be a contributing factor to her fainting and getting…

Reversed - DCF did not have reasonable cause to support allegations of neglect. The Appellant’s regular use of marijuana, the reports of her children occasionally watching the daycare children while the Appellant napped, and the children’s reported struggles were reasonable cause for DCF’s initial…

Affirmed - DCF had reasonable cause to support a finding of neglect because 1) the children were exposed to discord in the chaotic home which led to them having behavioral and demeanor changes 2) the children were not up to date medically 3) their attendance in school was historically poor and…

Affirmed - DCF had reasonable cause to support a 51A report of neglect where (1) Appellant Mother’s actions posed a substantial risk to the child’s safety and well-being, (2) Appellant had significant mental health issues, which she exacerbated by using drugs and alcohol, that impaired her…