Supported 51B decisions

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This sub-category contains DCF fair hearing decisions in which an individual sought to dispute a DCF "support" determination after DCF investigated a report alleging child abuse or neglect (often called a 51A report or 51A).

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In the Matter of AD, FH# 2017-1361

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of physical abuse because the child had significant behavioral problems, and there was no evidence that the injury to the child's face was a result of her mother hitting her. Video evidence showed the child's mother physically…

In the Matter of MR, FH# 2017-0408

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a 51B decision when Appellant allowed a child to visit her their mother and, unbeknownst to Appellant, that visit resulted in physical abuse of the child by another person.

In the Matter of GC, FH# 2017-0291

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support the 51A report for neglect where the Department was unable to demonstrate that the Appellant posed danger to the child and/or substantial risk to the child's safety or well-being. There was a lack of clarity regarding the Appellant's history…

In the Matter of LD, FH# 2017-0217

David Halloran
Affirmed in part and reversed in part - DCF had reasonable evidence to find neglect when (1) parents were going through a contentious divorce; (2) the child witnessed fighting between the parents; (3) the Appellant Father was vulgar towards the other parent; and (4) the child reported feeling scared…

In the Matter of LD, FH# 2017-0217

David Halloran
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;…

In the Matter of FM, FH# 2017-0315

Carmen Temme
Reversed - DCF did not have reasonable cause to support a decision of physical and sexual abuse against a non-guardian stepfather when the child had mental health issues, the report was made years after the occurrence of alleged abuse, there was no evidence that the child was abused during time with…

In the Matter of M.M., FH# 2018-0106

Maura E. Bradford
Affirmed - The Hearing Officer found that there was reasonable cause to find neglect in the Department’s supported 51B decision; the decision was affirmed. The Hearing Officer found that the appellant's ex-husband failed to provide minimally adequate care to his son when driving while intoxicated,…

In the Matter of FM, FH# 2017-0315

Carmen Temme
Reversed - DCF did not have a reasonable cause to support an allegation of physical and sexual abuse against a non-guardian stepfather when the child had mental health issues, the report was made years after the occurrence of alleged abuse, there was no evidence that the child was abused during time…

In the Matter of M.M., FH# 2018-0106

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a 51A report of neglect where the Appellant's ex-husband failed to provide minimally adequate care to his son by driving while intoxicated with his son in the passenger seat. The Appellant's ex-husband and his son were involved in a car accident,…

In the Matter of VJ, FH# 2017-1385

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of neglect for the children's Appellant mother. There was insufficient evidence that the children's mother met the department's definition of neglect. While the children did engage in rough playfighting with their stepfather, which…

In the Matter of DC & JN , FH# 2017-1184

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of neglect because the Reporter later retracted his/her initial report of issues with Appellants - mother and father's home. There was also no evidence that the Appellant - mother's mental health issues or marijuana use interfered…

In the Matter of DL, FH# 2017-1388

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a finding neglect of the child's Appellant mother. The child alleged that she told her mother about a history of sexual abuse by her uncle. However, the department determined that the child was not credible due to inconsistencies in her…

In the Matter of SB, FH# 2017-1365

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of neglect because Appellant, the child's mother, was sleeping at the time of the accident. She allowed the child's father to give the child his midnight feeding and had no reason to believe that the father was intoxicated.

In the Matter of WB, FH# 2017-0261

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support the allegation of neglect against the Appellant where the Department relied entirely on DCF's history with the Appellant's other three children in its decision to support a finding of neglect. While the Appellant had struggled with mental…

In the Matter of ST, FH# 2017-1372

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of abuse or neglect because a 1-month-old child, while briefly unattended, fell from a counter in an unfortunate incident after his father bathed him. The child sustained a subarachnoid hematoma, intraventricular hematoma, and a…

In the Matter of NM, FH# 2017-1353

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support a finding of abuse because 1) the reporter interpreted the child's unclear speech as an allegation but the Appellant's child did not provide that information to the DCF response worker and the pediatrician disputed that the child's speech was…

In the Matter of TK, FH# 2017-1358

Laureen Decas
Affirmed - DCF did have a reasonable cause to support a finding of neglect because allegations that Appellant inappropriately touched a patient were supported by more than by the patient's roommate and another member of the staff. There was also a lack of evidence that the patient had any reason to…

In the Matter of Mr. JV, FH# 2017-0397

Lisa Anne Henshall
Affirmed - DCF had sufficient evidence to find neglect where there was evidence of domestic violence in the presence of the child. Reported incident occurred when child walked in on Appellant Father physically assaulting mother. Child also demonstrated behaviors of hitting at his daycare that…

In the Matter of EM & JM, FH# 2017-1339

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because (1) the Appellants provided excellent care for the children as evidenced by their expressed desire to continue living with Appellants (2) when a family member unexpectedly attacked one child, Appellants intervened…

In the Matter of MB & BB , FH# 2017-1383

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because Appellants did what they thought was best to address their child's inappropriate behavior and there was no evidence to suggest that their physical discipline adversely impacted their children's emotional stability…

In the Matter of SM, FH# 2017-0063

Carmen Colon
Affirmed - DCF had sufficient evidence to find neglect where Appellant Mother was aware of physical abuse by her boyfriend towards her twin children, one of whom was diagnosed with PTSD and displayed self-harm through burning and desire to burn down the school and family house, as well as harm the…

In the Matter of LL & ML, FH# 2017-0510

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) child's pediatrician stated the mark on child's hand looked like a low-grade burn 2) Appellant mother and step father had attempted to cover the hot valve in child's room 3) Appellants had attempted to find a new…

In the Matter of MS, FH# 2017-1241

Carmen Temme
Affirmed in part and reversed in part - DCF had reasonable cause to support a finding of neglect but not sexual abuse. The Department had a history of involvement with both the Appellant father and the child's mother, both of whom had been cited for domestic violence. However, in this particular…

In the Matter of YS, FH# 2017-0062

Nicholas Holahan
Reversed - DCF did not have reasonable cause to believe that the child had been neglected when (1) there was an argument between Appellant Father, child’s mother, and child’s nurse at the home; (2) police were called; (3) the incident created a commotion that might have upset the infant child with…

In the Matter of JR, FH# 2017-0187

Nicholas Holahan
Reversed - DCF did not have sufficient evidence to support allegations of abuse when the only support for its decision came from inconsistent testimony from the alleged victim’s friend.

In the Matter of DS & BS, FH# 2017-0078

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support allegations of neglect and abuse where a child exhibited violent behavior, mental health issues, and drug use; and where Appellants physically defended themselves from the child without causing substantial injury. The child was not considered…

In the Matter of JR, FH# 2017-0187

Nicholas Holahan
Reversed - Hearing Officer reversed a supported allegation of sexual abuse of adopted son by adoptive father because (1) the child’s friend’s mother who filed the report was believed to have filed the reports inappropriately, (2) the son’s testimony was consistent with that of his father that the…

In the Matter of EK, FH# 2018-0126

Maura E. Bradford
Reversed - DCF did not have a reasonable basis to believe that Appellant was liable for neglect on account of the Appellant not being a caretaker when (1) the Appellant did not live with the parent and children; (2) the Appellant and parent were only in a dating relationship; and (3) the Appellant…

In the Matter of NP & KS, FH# 2018-0294

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) Appellant Parent's low level of engagement in drug treatment was insufficient to maintain their sobriety; and (2) child expressed being upset about how much their parents yell at each other, especially when the…

In the Matter of LB & MW, FH# 2017-1390

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of neglect. DCF did not adequately show that the Appellant mother, who had a history of mental health problems, failed to fulfill the children's basic needs including: food, clothing, shelter, and medical care. As such the department…

In the Matter of DG, FH# 2018-0211

Anne L. Dale Nialetz
Affirmed - The fair hearing officer found reasonable cause to support The Department’s inding of neglect where the mother displayed alcohol abuse, a history of prostitution, risky and impulsive behaviors, expressing no desire to care for the children, leaving them unattended in the care of roommate…

In the Matter of DG, FH# 2018-0211

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to believe that the child had been neglected where the Appellant had a history of prostitution and substance use, displayed risky and impulsive behaviors, and expressed no desire to care for the children. In addition, Appellant left her children in the care of a…

In the Matter of JR, FH# 2017-0205

Carmen Temme
Reversed - DCF did not have reasonable cause to support allegations of neglect where there was no risk to the children’s safety nor were the children put in immediate danger. Appellant Father, while unable to personally provide adequate care due to intoxication, ensured the safety of the children by…

In the Matter of MF & VM, FH# 2017-1329

Jorge F. Ferreira
Affirmed - The Department's had reasonable cause to support a finding of neglect because 1) there was sufficient evidence an emotional impact on the children of fear of Appellants physically disciplining them 2) the Appellants minimized sexual abuse of a child 3) the Appellants had poor judgement…

In the Matter of PS, FH# 2017-1334

Laureen Decas
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the appellant took actions necessary to provide the child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, and other essential care 2) the Department's…

In the Matter of MM, FH# 2017-0352

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support allegations of sexual abuse where the child appeared to be coached in their disclosure. Indicators of coaching include an ongoing custody dispute between Appellant Father and child’s mother, a pattern of unfounded allegations against Appellant…

In the Matter of ER, FH# 2017-1193

Nicholas Holahan
Reversed - DCF did not have a reasonable cause to support a finding of neglect because allegations that Appellant mother was intoxicated in front of her children and exposed her children to violence were not corroborated or verified. The Appellant asserted that the anonymous 51A report was filed by…

In the Matter of EC, FH# 2017-0353

Jorge F. Ferreira
Reversed - DCF did not have sufficient evidence to affirm a finding of neglect where a child struggled with behavioral issues, and had been violent towards Appellant mother, their sibling, and themselves. Appellant presented a clear and comprehensive side of their role in the incidents in question…

In the Matter of JB, FH# 2017-0169

Anastasia King
Affirmed - DCF had reasonable cause to support the 51A decision for both sexual abuse and neglect against the Appellant (biological father). The Appellant, who is divorced from his children's mother, arrived to the area to visit his children, aged 9 and 12, for the holidays in December. The…

In the Matter of KA, FH# 2017-0087

Carmen Colon
Affirmed - DCF had reasonable cause to believe that the child had been neglected where a staff member at a DCF Care and Protection program failed to properly supervise a 17-year old resident and he sexually abused his roommate. The appellant failed to properly monitor the residents and perform room…

In the Matter of KS, FH# 2017-0490

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of physical abuse because 1) Appellant mother only spanked child which caused no injury as defined by the Department 2) Appellant rarely uses spanking as a form of discipline and the hearing officer found her to be credible 3) there…

In the Matter of EB, FH# 2017-1248

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect. Appellant mother had a single incident of domestic abuse with her partner in front of her children. However, the DCF determination, that because of the fight the Appellant failed to provide minimally adequate emotional…

In the Matter of PR, FH# 2017-1399

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect by the children's Appellant mother where although the mother threatened to kick out the children when they turned 18 years old this neither posed a substantial risk to their safety or wellbeing, nor did it present a…

In the Matter of RT, FH# 2017-1356

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of neglect because (1) there was a lack of credible evidence as to the child's location during the parents' physical altercation (2) the hearing officer was unable to conclude if the Appellant's actions of engaging in a physical…

In the Matter of NS, FH# 2017-1357

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant was compliant with treatment for opioid disorder, had not suffered a relapse during her years of treatment and had not tested positive for any other illicit substances 2) the Department obtained…

In the Matter of KH & SC, FH# 2017-1381

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because there was no evidence that Appellant's testing positive for marijuana after her child's birth placed her child in danger or posed a substantial risk to the child's safety or well-being.

In the Matter of AA, FH# 2017-1384

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant's dispute with the school over the IEP was not a proper topic of an administrative Fair Hearing 2) the Appellant has been active in the child's education, attending dozens of meetings regarding…

In the Matter of E.S., FH# 2018-0237

Frances I. Wheat, MPA
Reversed - DCF had insufficient evidence to support a 51A report of physical abuse when the Appellant hit his son on his buttocks with a belt, over his clothes, as physical discipline. The Appellant talked with his son before and after the physical punishment and the child reported that the…

In the Matter of DF, FH# 2017-0692

Lisa Anne Henshall
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was insufficient evidence that Appellant mother's marijuana use during pregnancy placed her newborn child in danger and posed a substantial risk to the child's safety and well-being. While there was evidence…

In the Matter of E.S., FH# 2018-0237

Frances I. Wheat
Reversed - The Hearing Officer found that there was insufficient evidence to affirm the supported 51B decision for physical abuse; the decision was reversed. The alleged physical abuse was the result of physical discipline in which the appellant hit his son on his buttocks with a belt, over his…