In the Matter of BS, FH# 2017-0183

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 Appellant's partner were based on statements made by the oldest child. This child suffers from ADHD, anxiety, depression, and suicidal tendencies and reported that the Appellant's partner had broken objects in the home, put a hole in the ceiling, acted violently toward the the child, and "freaked out." DCF's reliance on the child's statements to support the allegations of neglect against the Appellant's partner was not reasonable where 1) the child changed his story and presented conflicting evidence from one interview to the next, 2) the two other children felt safe in the home and could not corroborate the oldest child's claims, and 3) when the DCF response worker investigated the home, they could find no evidence of any broken objects or damage to the ceiling or walls that had been alleged by the oldest child. DCF relied on non-credible statements in making its initial determination.