In the Matter of LD, FH# 2017-0217

Affirmed for one child, reversed for the second child - The Hearing Officer affirmed the 51B supported decision in regards to one child and reversed in regards to the other child. A hearing officer can affirm a 51B decision finding neglect when (1) parents are going through a contentious divorce; (2) the child witnesses fighting between the parents; (3) the parent in question is vulgar towards the other parent; and (4) the child reports feeling scared and sad. A hearing officer can reverse a supported 51B decision finding neglect when (1) parents are going through a contentious divorce; (2) the child witnesses fighting between the parents; (3) the parent in question is vulgar towards the other parent; and (4) the child reports not feeling scared or sad.