In the Matter of JR, FH# 2017-0187

Reversed - Hearing Officer reversed a supported allegation of sexual abuse of adopted son by adoptive father because (1) the child’s friend’s mother who filed the report was believed to have filed the reports inappropriately, (2) the son’s testimony was consistent with that of his father that the allegations never occurred, and (3) the Department relied heavily on an unsubstantiated testimony from the friend to support the 51B decision. In addition to the substantive error from the department, the friend’s testimony (gathered from a separate case) was not properly filed as evidence to this decision. For these reasons, the decision to support sexual abuse was reversed for procedural and substantive errors.