In the Matter of LW, FH# 2017-0148

Reversed - DCF did not have reasonable cause to support a 51B decision of abuse where there were two conflicting reports about the altercation, one from the Appellant Mother and one from the 16-year-old child. The Appellant’s statements were deemed more credible because they were supported by facts while the child’s statements were not. While neither disputed the altercation had occurred and there was evidence to determine that the Appellant engaged in “inappropriate discipline,” there was not enough corroborating evidence indicating the altercation “rose to the level of abuse.” The child was found not credible because of her presentation at the time of the altercation (“out-of-control, throwing things, and breaking the bedroom door frame”) and there was no finding of significant injury. Hearing Officer also noted child was already known to the police department for a pattern of behaviors including running away 8 or 9 times and Appellant had filed Child Requiring Assistance (CRA) petition with the court.