In the Matter of AS & PS, FH# 2017-1387

Reversed - DCF did not have reasonable cause to support a finding of neglect. The evidence was sufficient to determine that the Appellant parent's actions resulted in failure to provide minimally adequate medical care. However, DCF did not show that the Appellants posed a substantial risk to the safety of their child, who was suffering from Suboxone withdrawal as a result of prenatal exposure to the prescribed drug. Disagreements with hospital staff regarding the appropriate medical care, requesting a second opinion prior to administering morphine to the child, and the Appellants history of domestic violence and substance abuse did not present actionable circumstances under the DCF's Protective Intake Policy. Moreover the Appellants did not refuse treatment and hospital staff provided misinformation to the parents regarding treatment of the child.