In the Matter of KB and EO, FH# 2017-0018

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 significant bruising on the child’s face that was visible days later. The Appellant argued that the marks were caused by the child falling asleep in his car seat; this was not persuasive. The child consistently reported the facts of the incident, stating that it only occurred once, used age appropriate language, and there was no indication or reason to want to harm the Appellant. The Hearing Officer found that the act was non-accidental and created a substantial risk of physical injury to the child according to the standard for physical abuse.