In the Matter of NC, FH# 2017-0336

Reversed - DCF did not have reasonable cause to support the allegation of neglect against the Appellant where there was reason to doubt the credibility of the Appellant's ex-partner (the mother of the subject child) in her claim that she had been assaulted by the Appellant. The Appellant's ex-partner had reported to the police that the Appellant had assaulted her while he was simultaneously holding their child, resulting in the police filing a 51A Report for neglect against the Appellant. However, there was reason to believe that the Appellant was the victim of assault and the Appellant's ex-partner was the actual aggressor. Based on the facts, the Department did not have a sufficient case for assigning culpability to the Appellant.