Administrative Decisions

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Decisions issued by an administrative agency, administrative law judge, or administrative council.

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In the Matter of JS and TW, FH# 2018-0160

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support allegations of physical abuse where the child’s siblings confirmed the abuse, even though they later retracted it due to coaching from parents. Although DCF regulations do not offer guidance on what to do when parents coach their children to deny…

In the Matter of FH, FH# 2017-0191

Anna L. Joseph
Affirmed in part and reversed in part - DCF had reasonable cause to believe that abuse had occurred when Appellant Father’s actions were found to be non-accidental and placed the child at substantive risk of injury, including a one-time hitting of a child with the Appellant Father’s belt.

In the Matter of KZ, FH# 2017-1212

Laureen Decas
Affirmed - DCF had reasonable cause to make a finding of neglect and abuse where the Appellant mother (1) had a history of alleged abuse and escalating violent situations which routinely occurred in the home (2) police were called and the Appellant was determined to be the aggressor of an assault &…

In the Matter of WW, FH# 2017-0608

Laureen Decas
Affirmed - DCF had a reasonable cause to support a finding of neglect because evidence supported that verbal and physical fighting was ongoing between the Appellant father and his wife while their ten-month old child was present. Appellant and his wife had a history of domestic violence. By exposing…

In the Matter of DP & JM, FH# 2017-0595

Laureen Decas
Affirmed - DCF had reasonable cause to support a finding of educational neglect because 1) Appellant parents insisted that their child could only go to one specific school which led to the child being severely behind academically, failing the first grade 2) child was diagnosed with dyslexia, a…

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 CB & IB, FH# 2017-0337

Maura E. Bradford
Reversed - DCF did not have reasonable cause in order to support a finding of neglect because 1) there is little evidence that the appellants knowingly allowed their child to skip school and 2) the school waited until the child's absences reached a critical number before they notified the appellants…

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 FH, FH# 2017-0190

Lisa Anne Henshall
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…

In the Matter of VC & SD, FH# 2017-0536

Carmen Colon
Affirmed - DCF had reasonable cause to deny the Appellants' foster parent application where 1) the Appellants were unable to provide the Department all of the necessary documentation to complete the foster parent application in a timely manner and where 2) the individual serving as the medical…

In the Matter of MS, FH# 2017-0127

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support the 51A decision for physical abuse against the Appellant (biological mother). Though the older child, D, told her school counselor that the Appellant had punched her in the head and hit her in the knee, these injuries were found to have been…

In the Matter of EL, FH# 2017-0271

Carmen Temme
Reversed - DCF did not have reasonable cause to support the 51A reports of neglect by the Appellant where there was no reasonable evidence that the Appellant failed to provide essential care for her son or that the Appellant's actions or inactions placed the child in any danger. The child had a…

In the Matter of AR, FH# 2017-0043

Carmen Temme
Reversed - DCF did not have reasonable cause to support a neglect finding where Appellant: (1) made several attempts to contact the child’s parent; (2) told other adults that she was leaving; and (3) left the child with another adult before leaving the house.

In the Matter of LW, FH# 2017-0148

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a 51B decision of abuse where there were two conflicting reports about the altercation, one from the Appellant Mother and one from the 16-year-old child. The Appellant’s statements were deemed more credible because they were supported by facts…

In the Matter of DZ & SCZ, FH# 2017-1224

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a finding of neglect and physical abuse. The Appellants, the guardians of the reported children, disputed the allegation of physical abuse. However, a police report and corroborating eyewitness statement provided sufficient evidence that the Appellants…

In the Matter of LW, FH# 2017-0148

Lisa Henshall
Reversed - The Hearing Officer reversed a supported 51B decision of abuse where there were two conflicting reports about the altercation, one from the appellant mother and one from the 16-year-old child. The mother’s statements were deemed more credible because they were supported by facts while the…

In the Matter of MK, FH# 2017-0034

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support a neglect finding after Appellant got into an argument with her 14-year-old daughter and hospitalized her following suicidal suggestions. The Hearing Officer found that while her actions may have been rash, Appellant was acting out of concern…

In the Matter of JW, FH# 2017-0108

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support findings of neglect where Appellant Father had a domestic dispute with the children’s mother that involved yelling, swearing, and threatening gestures. The incident did not place the children in immediate danger or pose a substantial risk to…

In the Matter of NN & DN, FH# 2017-0179

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a finding for neglect because 1) although Appellants had failed to officially enroll the child for home schooling they did not provide evidence that the child's educational needs were not being met 2) when Appellants were informed of the steps…

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 NC, FH# 2017-0336

Anna L. Joseph
Reversed - DCF did not have reasonable cause to support the allegation of neglect against the Appellant where there was reason to doubt the credibility of the Appellant's ex-partner (the mother of the subject child) in her claim that she had been assaulted by the Appellant. The Appellant's…

In the Matter of CR, FH# 2017-0248

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a 51A report of neglect where Appellant used physical discipline on her teenage daughter on one occasion by reactively slapping her across the face for sneaking out of the house to be with an older boy.

In the Matter of RW, FH# 2017-0218

Linda A. Horvath
Affirmed - DCF had reasonable cause to find neglect when an Appellant Father (1) engaged in domestic violence toward the mother with the child in the home; (2) had an alleged history of domestic violence; (3) maliciously injured a family pet; (4) caused fatal injury to said pet; (5) lacked…

In the Matter of SA & LG, FH# 2017-1222

Anna L. Joseph
Reversed - DCF did not have reasonable cause to support a finding of neglect. There was insufficient evidence to show that either of the Appellants, the child's biological mother and her partner, ever sexually abused or neglected the child. There were two episodes where the child had blood spots in…

In the Matter of JS, FH# 2017-0074

Carmen Colon
Affirmed - DCF had reasonable cause to remove a child from Appellant's foster home where Appellant (1) had an unapproved person with an open criminal record living with them; and (2) allowed unsupervised visits of the parent with the child, especially when the goal is adoption. The best interests of…

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…

In the Matter of JR, FH# 2017-1194

Anna L. Joseph
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…

In the Matter of JN, FH# 2017-0126

Carmen Colon
Affirmed - DFC had reasonable cause to support the 51A decision for physical abuse against the Appellant (biological father). The Appellant had an extensive history of violence in the home which led to his eventual removal and incarceration. The disclosure of the abuse and filing of the 51A reports…

In the Matter of N.Y., FH# 2017-0409

Anna L. Joseph
Reversed - DCF did not have reasonable cause to support neglect where: (1) two parents had discord and volatile communications; (2) the Appellant tried unsuccessfully to work on a co-parenting plan for the subject child; and (3) Appellant was not determined to have failed to provide adequate care…

In the Matter of BS, FH# 2017-0183

Anastasia King
Reversed - DCF did not have reasonable cause to support allegations of neglect by the Appellant's partner (the children's biological father) where no credible evidence was presented to suggest that the partner failed to provide the children with adequate care. The 51A reports filed against the…

In the Matter of FM, FH# 2017-0096

Maura E. Bradford
Reversed - The Department reversed a 51B decision for neglect where there was evidence that the child was conspiring with the other parent to further a custody battle issue. The Department did not have reasonable cause to believe that the Appellant Father had neglected the child and found that the…

In the Matter of VI, FH# 2017-0111

Linda A. Horvath
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)…

In the Matter of CH and MH, FH# 2017-0121

Maura E. Bradford
Reversed - DCF did not have sufficient evidence to support allegations of neglect against Appellant Parents. During an argument, the children's mother scratched their father, who reflexively punched and pushed the mother away. The children heard but did not witness the altercation, but the…

In the Matter of MM, FH# 2017-1223

Carmen Temme
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:…

In the Matter of FM, FH# 2017-0096

Maura E. Bradford
Reversed - DCF did not have reasonable cause to find neglect where there was evidence that the child was conspiring with the other parent to further a custody battle issue. DCF did not have reasonable cause to believe that the Appellant Father had neglected the child and found that the child's own…

In the Matter of VI, FH# 2017-0111

Linda A. Horvath
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…

In the Matter of GB, FH# 2017-0046

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect where there was no evidence that the Appellant’s actions placed the children in danger or posed a substantial risk to their safety and well-being. While DCF demonstrated sufficient evidence to support its decision that the…

In the Matter of DS, FH# 2017-1188

Laureen Decas
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…

In the Matter of GG, FH# 2017-1369

Anne L. Dale Nialetz
Affirmed - DCF had a reasonable cause to support a finding of neglect because GG's children stated that they often heard their parents fighting and witnessed physical violence between their parents. Both children described the negative emotional impact they felt from witnessing their parents…

In the Matter of FH, FH# 2017-0144

Carmen Temme
Reversed - DCF did not have reasonable cause to believe Appellant Mother and Father neglected child where DCF lacked the evidence necessary to show that Appellants received indications to engage in services/counseling in order to regain custody of their child. Appellants lost guardianship of child…

In the Matter of MG, FH# 2017-0091

Nicholas Holahan
Reversed - DCF did not have reasonable cause to find neglect where Appellant had obtained custody of the child, her granddaughter, through a temporary probate court order and was later informed by the child’s mother that the child could return to the mother’s residence. Appellant informed her DCF…

In the Matter of JK, FH# 2018-0013

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to believe that the child was neglected where the mother testified that there was a long history of domestic violence and that Appellant Father was violent, demeaning, domineering, and aggressive towards the child's mother in front of the child. The Hearing…

In the Matter of JD, FH# 2017-0056

Carmen Colon
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…

In the Matter of MD and CJ, FH# 2017-0327

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support allegations of abuse where Appellants used corporal punishment. The use of corporal punishment was not found to be abuse because: (1) the Appellants signed a document with the police saying they would stop two years prior; and (2) there was no…

In the Matter of JA, FH# 2017-0014

Anastasia King
Reversed - DCF did not have reasonable cause to support the 51A report for sexual abuse. The Appellant father allegedly sexually abused his child five years prior to the child’s disclosure, and subsequent report. The Appellant was a classified Level II Sex Offender. The mother, who made the report,…

In the Matter of S.A., FH# 2017-0039

Anastasia King
Reversed - DCF did not have reasonable cause to support a finding of neglect where the child accused Appellant Father of hitting her, but DCF could produce no corroborating evidence; where the parents did not take the child for treatment for anorexia because numerous medical providers expressed no…

In the Matter of RS, FH# 2017-0125

Anastasia King
Affirmed in part and reversed in part - DCF had reasonable cause to support the 51A decision for physical abuse against the Appellant (biological father). The Appellant's action of spanking the child across the child's backside was found to be intentional, left marks on the child, and created a…