In the Matter of MS, FH# 2017-0127

Reversed - DCF did not have reasonable cause to support the 51A decision for physical abuse against the Appellant (biological mother). Though the older child, D, told her school counselor that the Appellant had punched her in the head and hit her in the knee, these injuries were found to have been easily caused by sports. Additionally, D stated that her older brother was witness to the Appellant physically abusing D, but the older brother denied any physical abuse by the Appellant. With regard to the other child (P), DCF did not have reasonable cause to support allegations that the Appellant had hit P with a belt or that P had ever suffered an injury as a result. The Appellant's testimony and the testimony of the Appellant's Family Partner were deemed credible and it was noted that D was known to be manipulative following her parent's divorce.