In the Matter of LB, FH# 2017-0503

Reversed - DCF did not have reasonable cause to remove a Department foster child (D) from the home of the Appellant, an approved pre-adoptive parent. Following the filing of three 51A reports against the Appellant's grandson, who resided in the Appellant's home, for sexual abuse and neglect of two children that the Appellant babysat, the Department conducted an emergency removal of D from the Appellant's home. The Department's removal of D was based on the three 51A reports filed against the Appellant's grandson, reasoning that the Appellant was making poor decisions regarding the safety of D by allowing her grandson to live with her and D. However, there was no evidence to suggest that the Appellant was making poor decisions regarding the child's safety: 1) the Appellant was not found to have abused or neglected D; 2) the Appellant agreed to a safety plan following the 51A reports filed against her grandson; 3) the Appellant made her grandson move out of her house; 4) there was no evidence that the Appellant knew of any abusive or neglectful activities occurring; and 5) the Appellant had a history of providing excellent care and being cooperative with the Department.