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 MP & AW, FH# 2017-0903

Anastasia King
Affirmed - DCF had a reasonable cause to support a finding of neglect because Appellant mother and father had a history of substance abuse and children removed from their care, they interfered with the collection of urine and meconium samples from the subject child, and the Appellant mother lied…

In the Matter of JP, FH# 2017-0142

Carmen Colon
Affirmed - DCF did not have reasonable cause to support the 51A report for neglect against the Appellant (biological father). The Appellant had gotten into an argument that led to a physical altercation with his wife, the child's mother, while the child, J, was sleeping in another room. The…

In the Matter of JM, FH# 2017-0184

Carmen Temme
Reversed - DCF did not have reasonable cause to support the 51A reports alleging neglect by the Appellant. While it was determined that the Appellant's words and actions towards the child (her son) were excessive and manipulative as the Appellant fought for custody with the child's biological…

In the Matter of RB, FH# 2017-0131

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support the 51A decision for sexual abuse against the Appellant (biological father of children D and J). In an initial disclosure to a mandated reporter, D and J stated that they had played a game with the Appellant where all three of them took their…

In the Matter of A.G., FH# 2017-0152

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a finding of abuse and neglect in an isolated instance of physical contact resulting in injury by Appellant, a DYS employee, even when Appellant had a clean employment history. Appellant was responsible for maintenance of a safe and orderly environment…

In the Matter of ED, FH# 2017-0293

Jorge F. Ferreira
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was no evidence that the Appellant's daughter was impacted by her use of marijuana during pregnancy, or that it had placed the daughter in medical danger or risk of injury. Appellant was able to show through…

In the Matter of DP, FH# 2017-0145

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a 51A report of abuse where the child disclosed that Appellant Father sexually abused her on multiple occasions by inappropriately touching her and making the child inappropriately touch him.

In the Matter of M.S., FH# 2017-0251

Anne L. Dale Nialetz
Affirmed - DCF had sufficient evidence to support a 51B report of neglect when the Appellant locked his teenage son out of the home after visiting his sister without the Appellant’s permission. The Appellant made it clear that his son was not allowed to return home, deliberately failed to ensure his…

In the Matter of M.S., FH# 2017-0251

Anne L. Dale Nialetz
Affirmed - The Hearing Officer found that there was sufficient evidence to find neglect in the Department’s supported 51B decision for neglect; the decision was affirmed. The appellant locked his son out of the home; the appellant’s son visited his sister without the appellant’s permission. The…

In the Matter of JM, FH# 2017-0051

Carmen Temme
Reversed - DCF did not have reasonable cause to find neglect on the part of the Appellant Mother where (1) the police reported that the Appellant was driving children while intoxicated, (2) multiple other people reported that the Appellant had only one drink more than three hours before driving, (3)…

In the Matter of LM, FH# 2017-0188

Jorge F. Ferreira
Reversed - A supported 51B decision for abuse can be reversed when it is shown that, although a caretaker uses physical discipline on a young child, (1) the actions do not pose a substantial risk of injury to the child; (2) there is no impact on the child’s growth and well-being; (3) there is no…

In the Matter of LM, FH# 2017-0188

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to believe that abuse had occurred when it was shown that, although the Appellant Mother used physical discipline on a young child, (1) the actions did not pose a substantial risk of injury to the child; (2) there was no impact on the child’s growth and…

In the Matter of KS, FH# 2017-0318

Anne L. Dale Nialetz
Affirmed - DCF did have reasonable cause to support a finding for neglect where Appellant’s child witnessed a pattern of domestic violence and verbal conflict between Appellant father and Appellant’s partner. The Appellant father and his partner made no effort to shield the child from conflicts, and…

In the Matter of KS, FH# 2017-0318

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a neglect allegation where Appellant Father’s child witnessed a pattern of domestic violence and verbal conflict between Appellant Father and Appellant’s partner. The Appellant Father and his partner made no effort to shield the child from conflicts,…

In the Matter of KS, FH# 2017-0104

Carmen Temme
Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Mother’s use of non-prescribed medications in conjunction with prescribed medications compromised their ability to provide minimally adequate supervision and care for a daycare-aged child. The child also witnessed…

In the Matter of KS, FH# 2017-0104

Carmen Temme
Affirmed - DCF did have reasonable cause to support allegations of neglect where Appellant’s use of non-prescribed medications in conjunction with prescribed medications compromised their ability to provide minimally adequate supervision and care for a daycare-aged child. The child also witnessed a…

In the Matter of LO, FH# 2017-0359

Laureen Decas
Affirmed - DCF had reasonable cause to support a finding of neglect when the parent did not have adequate treatment for her mental health issues and those issues got in the way of her child’s education. For example, allowing the child to miss twenty days of school was not acceptable. Appellant not…

In the Matter of DD, FH# 2017-0404

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a neglect allegation when a firearm was in an accessible position to a child, even though the firearm was in a holster the child could not open, and the child had undergone firearm safety training.

In the Matter of DD, FH# 2017-404

Frances I. Wheat, MPA
Affirmed - DCF found reasonable cause to support a neglect allegation when a firearm was in an accessible position to a child; even though the firearm was in a holster the child could not open, and the child had undergone firearm safety training.

In the Matter of KA, FH# 2017-0208

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support allegations of physical abuse and neglect when Appellant Caregiver, working in a professional capacity, took improper steps to diffuse a situation. Appellant violated a child’s disciplinary plan, failed to take the child’s well-being and safety into…

In the Matter of KG, FH# 2017-0277

Laureen Decas
Affirmed - DCF had reasonable cause to support a finding of physical abuse where the Appellant intentionally caused physical injury to his son by punching him in the chest and face as well as allegedly choking him, leading to intervention by the police and ambulance services.

In the Matter of MK, FH# 2017-0284

Nicholas Holahan
Affirmed - DCF had reasonable cause to support the finding of neglect where, while working in a caregiver capacity as a staff member at a daycare, the Appellant failed to adequately monitor a child in her care, leading to the child's escape from the daycare onto the street. The child was unattended…

In the Matter of FH, FH# 2017-0378

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect, terminate foster care placement for two children, and revoke Appellant’s foster care license where: (1) Appellant left children in care of her son and did not disclose his history of substance use, sexualized behavior, and sexual assault; (2)…

In the Matter of JM & AM , FH# 2017-0431

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) Appellants lack of supervision led to the children's excessive injuries 2) Appellants educationally neglected the children (three of which have identified special needs and one of which has severe behavioral issues) by…

In the Matter of EM, FH# 2017-0429

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) Appellant did not dispute that the altercation took place 2) it was undisputed that the Appellant slapped the child and pulled her hair prior to this incident 3) during this incident the Appellant threw the child into a…

In the Matter of SL, FH# 2017-0388

Antonia Chronis
Reversed - The Department’s finding of neglect was reversed due to insufficient evidence to support that appellant, the child’s grandmother, was a caretaker of the child at the time in question. The appellant arrived at the child’s school after she had been in a fight, but the child’s mother arrived…

In the Matter of SL, FH# 2017-0388

Antonia Chronis, Esq.
Reversed - DCF had reasonable cause to believe that the child has 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 SA, FH# 2017-0299

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support the allegations of neglect where there was a history of the two subject children hearing and witnessing arguments, both verbal and physical, between their father and the Appellant, their father's girlfriend. Though the Appellant denies getting in…

In the Matter of JK, FH# 2017-0517

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) the Appellant father was not visibly intoxicated and only had two drinks 2) the medication Appellant was taking had an unanticipated negative interaction with the alcohol 3) Appellant is no longer on said…

In the Matter of JS, FH# 2017-0178

Anna L. Joseph
Affirmed in part and reversed in part - DCF had reasonable cause to support a finding of neglect when the Appellant 1) disciplined his child in a manner and pattern incompatible with the child's fragile mental health condition and 2) showed a lack of regard for his child's significant mental health…

In the Matter of PF and JF, FH# 2017-0146

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of abuse when there was no evidence that Appellant’s children were in danger or that their safety and well-being were threatened. While the children were present in the home during the parents’ altercation, all parties reported that…

In the Matter of AY, FH# 2017-0519

Carmen Temme
Affirmed - DCF had reasonable cause to support a finding of neglect and abuse because 1) child was found to be credible because of the visible physical injury from being struck in the face, their level of distress after speaking to Appellant mother, and their siblings corroborated the same exact…

In the Matter of KF & MK, FH# 2017-0026

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support allegations of neglect against Appellant Mother where mother, intoxicated and behaving in a physically and verbally abusive manner toward Appellant Father and his mother, dropped the infant child.

In the Matter of MA, FH# 2017-0418

Nicholas Holahan
Reversed - DCF did not have reasonable cause to support a report of neglect when the hospital, as a mandated reporter, did not provide specific evidence that Appellant had failed to provide adequate medical care for the child. DCF did not have reasonable cause to hold that the Appellant’s resistance…

In the Matter of Mr. D.S., FH# 2017-0001

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to find physical abuse where: (1) the Appellant (a teacher) struck a child on the face giving the child a lip injury; (2) there was no evidence that the child was motivated to lie because child expressed concern for Appellant's career; and (3) there was evidence…

In the Matter of LF, FH# 2017-0239

Laureen Decas
Affirmed - The Hearing Officer affirmed a supported 51B decision of neglect where the appellant, the children’s legal guardian, exercised poor judgment by allowing multiple guests to visit her home. This made the home overcrowded to the point that it was impacting the functioning of the children.…

In the Matter of LF, FH# 2017-0239

Laureen Decas
Affirmed - DCF had reasonable cause to support a 51B finding of neglect where the Appellant, the children’s legal guardian, exercised poor judgment by allowing multiple guests to visit her home. This made the home overcrowded to the point that it was impacting the functioning of the children. The…

In the Matter of IT , FH# 2017-0313

Carmen Temme
Affirmed - DCF had sufficient evidence to support a 51A report of physical abuse where the Appellant spanked her toddler with a shoe, leaving visible marks.

In the Matter of TMFH, FH# 2017-0195

Linda A. Horvath
Affirmed - DCF had reasonable cause for neglect where an Appellant Professional did not use their training procedures to follow protocol and escalated the situation with a child by: (1) calling the child a “tough guy;” and (2) offering the child a pen and paper for them to write down a place to…

In the Matter of LB, FH# 2017-0358

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support a decision regarding sexual abuse allegations when there was not sufficient evidence of sexual abuse of child by Appellant. Appellant said he showered and lotioned his grandson with underwear on and didn’t touch his penis. Though the child may…

In the Matter of KB, FH# 2017-0237

Lisa Anne Henshall
Affirmed - The Hearing Officer affirmed a supported 51B decision of neglect where the appellant, an overnight staff worker at a residential program, failed to perform bed checks as required by her job. When she learned of a possible inappropriate situation involving another staff member and a child,…

In the Matter of KB, FH# 2017-0237

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a 51B decision of neglect where the Appellant, an overnight staff worker at a residential program, failed to perform bed checks as required by her job. When she learned of a possible inappropriate situation involving another staff member and a child,…

In the Matter of PW, FH# 2017-0022

Carmen Colon
Affirmed - DCF had reasonable cause to support allegations of physical abuse against a youth facility employee where the employee engaged in a restraint/take-down that was against program policies, and the take-down resulted in injuries to a child. Accounts of the incident were corroborated by…

In the Matter of DS, FH# 2017-0392

Carmen Temme
Affirmed - DCF had sufficient evidence to find neglect where Appellant left the child with child’s mother overnight despite knowing that it was possible that she had a long history of substance use, had relapsed, and might not have been able to provide adequate care and supervision for the child.

In the Matter of CG, FH# 2017-0025

David Halloran
Affirmed - DCF had sufficient cause to support allegations of neglect and sexual abuse against a staff member at a youth institution where the child in question provided clear, consistent testimony over multiple interviews; and where Appellant’s actions posed a substantial risk to the child.

In the Matter of CC, FH# 2017-0617

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support a finding of neglect or physical abuse because 1) child who reported that Appellant mother swung a belt at him while yelling has a history of story telling based on the school staff's report 2) child gave three different versions of what…

In the Matter of LB, FH# 2017-0021

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support allegations of neglect where a foster parent used physical discipline on children in their care. Given the children’s trauma histories, physical discipline went against treatment recommendations and amounted to a failure to provide stability and growth,…

In the Matter of BL, FH# 2017-0225

Laureen Decas
Reversed - DCF did not have reasonable cause to find neglect and sexual abuse when (1) the department failed to verify the information given and relied solely on the statements of the young adult alleged victim; (2)the young adult’s statements were not corroborated by anyone; (3) the Appellant…

In the Matter of SR, FH# 2017-0174

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support a 51A report for neglect against the Appellant (kinship foster parent) where the Appellant allowed two unapproved caretakers to have unsupervised contact with the child. In the first documented instance, the unapproved caretaker had a criminal record…

In the Matter of OR, FH# 2017-0243

Linda A. Horvath
Affirmed - DCF had reasonable cause to support a finding of neglect by the Appellant when he failed to sufficiently secure the car seat for the child at the daycare he was working at. The seat came loose and fell across the van onto the floor while the van was in motion. The Hearing Officer found…