Criminal record/activity - caretaker

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In the Matter of BD, FH# 20191584

Laureen Decas
Affirmed - DCF did have sufficient evidence to support a finding of neglect by Appellant father/stepfather when Appellant drove intoxicated with his children and step-children in the car, proven by the police report, sobriety tests, and breathalyzer results.

In the Matter of NK, FH# 20191059

Lisa Anne Henshall
Reversed - DCF did not have sufficient evidence to support a finding of neglect against Appellant mother after father reported Appellant for domestic violence when 1) the evidence is conflicting and unclear; 2) Appellant alleges she was the victim of domestic violence, not the perpetrator; 3) the…

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

Carmen Temme
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…

In the Matter of CG, FH# 2018-0520

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect where Appellant had a history of substance abuse (alcohol, heroin, marijuana, cocaine, opiates, and Fentanyl) while her granddaughter was in her custody, resulting in the Appellant’s failure to provide minimally adequate supervision and other…

In the Matter of WG, FH# 2018-0186

Anne L. Dale Nialetz
Affirmed - The Hearing Officer affirmed a supported 51B decision where the father assaulted his partner in close proximity to the child. The Officer found the father failed to provide adequate emotional stability and growth, physical safety, and other essential care for their child and that his…

In the Matter of JC, FH# 2018-0427

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) the Appellant Mother exposed the child to a lengthy and hostile argument; (2) the child was not provided with adequate stability and growth; (3) the Appellant Mother infrequently participated in drug treatment; and…

In the Matter of WG, FH# 2018-0186

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a 51B finding of neglect where the Appellant Father assaulted the child's mother in close proximity to their child, in combination with a failure to provide adequate emotional stability and growth, physical safety, and other essential care for their…

In the Matter of BB, FH# 2018-0238

Laureen Decas
Affirmed - DCF had reasonable cause to remove a foster child and revoke the license of the foster home when the Appellant did not disclose the criminal record of a resident in the home and both the adult with the criminal record and the Appellant refused to discuss the criminal charge with DCF.

In the Matter of JS, FH# 2018-0018

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect when (1) a 9-year-old child witnessed physical violence between their parents; (2) the Appellant Father had a history of anger and grief-related issues; (3) the Appellant Father had been physically violent towards the child; and (4) both parents…

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 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 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 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 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 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 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 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 BM, FH# 2018-0430

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support a decision against the Appellant Foster Mother where: (1) Appellant lied or withheld information from DCF; (2) Appellant disappeared from the home for weeks at a time and left the child in an unapproved caretaker’s care when that caretaker had a…

In the Matter of NB, FH# 2017-0960

Linda A. Horvath
Affirmed - DCF had a reasonable cause to support a finding of neglect because the children (aged 8 and 11) reported witnessing physical confrontations between Appellant father and their mother. Appellant had stopped taking psychiatric medications and was criminally charged for assault of the…

In the Matter of CT, FH# 2018-0346

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) the child ran away from the home and the Appellant Grandmother did not make substantial attempts to locate the child; (2) the child was off her medication due to the neglect of the Appellant Grandmother; and (3) the…

In the Matter of ST & RJ, FH# 2017-0029

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegations of neglect against Appellant Parents where the decision was based on Appellant Mother’s history of mental health diagnoses and Appellant Father and wife’s previous out of state child services case histories. It was determined that…

In the Matter of JW, FH# 2017-0108

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support findings of neglect where Appellant Father had a domestic dispute with the children’s mother that involved yelling, swearing, and threatening gestures. The incident did not place the children in immediate danger or pose a substantial risk to…

In the Matter of DS, FH# 2017-0071

David Halloran
Affirmed - DCF had reasonable cause to make a finding of neglect where the Appellant was driving under the influence of alcohol with a child present and not wearing a seatbelt. Testimony or evidence is not persuasive when it does not address the accusations.

In the Matter of NC, FH# 2017-0336

Anna L. Joseph
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…

In the Matter of JN, FH# 2017-0126

Carmen Colon
Affirmed - DFC had reasonable cause to support the 51A decision for physical abuse against the Appellant (biological father). The Appellant had an extensive history of violence in the home which led to his eventual removal and incarceration. The disclosure of the abuse and filing of the 51A reports…

In the Matter of FH, FH# 2017-0144

Carmen Temme
Reversed - DCF did not have reasonable cause to believe Appellant Mother and Father neglected child where DCF lacked the evidence necessary to show that Appellants received indications to engage in services/counseling in order to regain custody of their child. Appellants lost guardianship of child…

In the Matter of JK, FH# 2018-0013

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to believe that the child was neglected where the mother testified that there was a long history of domestic violence and that Appellant Father was violent, demeaning, domineering, and aggressive towards the child's mother in front of the child. The Hearing…

In the Matter of JD, FH# 2017-0056

Carmen Colon
Affirmed - DCF had reasonable cause to find that Appellant Father neglected the child where (1) there had been ongoing physical, mental, and emotional abuse committed by Appellant against the children's mother; (2) the abuse was frequent and occurred in the presence of the children; (3) Appellant…

In the Matter of JA, FH# 2017-0014

Anastasia King
Reversed - DCF did not have reasonable cause to support the 51A report for sexual abuse. The Appellant father allegedly sexually abused his child five years prior to the child’s disclosure, and subsequent report. The Appellant was a classified Level II Sex Offender. The mother, who made the report,…

In the Matter of MT, FH# 2017-0402

Anastasia King
Reversed - DCF acted without reasonable basis in supporting a finding of neglect by child’s grandmother where she did not qualify as a caretaker. Grandmother was pulled over on suspicion of drunk driving while mother and child were in the car. Family denied claims on basis that she had difficulty…

In the Matter of FD, FH# 2017-1206

Frances I. Wheat, MPA
Affirmed - DCF had a reasonable cause to support a finding of neglect because there was credible and reliable evidence in the record, including a police report and eyewitness testimony from the Appellant's mother, that the Appellant father engaged in a physical altercation with his child's mother…

In the Matter of SB, FH# 2017-0334

Laureen Decas
Reversed - DCF did not have reasonable cause to support the allegations of neglect against the Appellant. The Appellant left his two sleeping children in his car as he entered his ex-wife's home to collect a jacket and then got into an argument with his ex-wife, leading to her calling the police.…

In the Matter of DF, FH# 2017-0274

Jorge F. Ferreira
Affirmed - DCF had reasonable cause to support the allegation of neglect against the Appellant where the subject child (the Appellant's son) witnessed the argument between the Appellant and the Appellant's wife where the Appellant broke his wife's phone and struck her, leading to his arrest for…

In the Matter of AF, FH# 2017-0182

Jorge F. Ferreira
Affirmed - DCF had reasonable cause to support the allegations of neglect by the Appellant (biological mother) where the Appellant failed to provide minimally adequate emotional stability and growth for the child by engaging in a physical altercation with the Appellant's partner (the child's father)…

In the Matter of GI, FH# 2017-0137

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support the 51A decision for neglect against the Appellant (maternal grandmother and guardian of the child "N"). A Probate and Family Court Order from June 24, 2014 ordered the Appellant to continue to serve as the guardian of N due to a history of substance…

In the Matter of JC, FH# 2017-0257

Laureen Decas
Affirmed - DCF had reasonable cause to support the allegation of neglect by the Appellant where, while serving as the caretaker of his daughter, who has Cerebral Palsy and has a trachea, the Appellant smoked marijuana and consumed alcohol. Additionally, when the Appellant's ex-wife, the child's…

In the Matter of SK, FH# 2017-0059

Frances I. Wheat, MPA
Affirmed - DCF had sufficient evidence to make a finding of neglect where Appellant Mother (1) was involved in a domestic dispute with child’s father in front of the child and the child was screaming and crying during the incident; and (2) was subsequently arrested and had criminal charges pending,…

In the Matter of SA, FH# 2017-0172

Carmen Temme
Reversed - DCF did not have reasonable cause to support the 51A decision for sexual abuse against the Appellant (the boyfriend of the biological mother of children F, S, and T). There was insufficient evidence to support allegations that the Appellant had taken his clothes off in front of the three…

In the Matter of MM, FH# 2017-0066

Nicholas Holahan
Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Father, with children in the car, was observed to be driving erratically and was later charged with OUI and Child Endangerment after he failed a sobriety test and was found to have a half-full bottle of vodka in…

In the Matter of MO, FH# 2017-0269

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support the 51A Report for neglect by the Appellant where the Appellant failed to provide her biological son with minimally adequate supervision, emotional stability, and growth by 1) acknowledging that she was an alcoholic but never engaging in substance abuse…

In the Matter of CC, FH# 2017-0252

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support the 51A report report for physical abuse against the Appellant (mother's live-in boyfriend) where, while intoxicated, the Appellant pushed the child and put his hands around the child's neck during an argument. The Appellant's actions resulted in a…

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 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 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 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 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 YG, FH# 2017-0281

Maura E. Bradford
Affirmed - DCF had sufficient evidence to revoke the Appellant's kinship foster care license. The Appellant was an open kinship foster care provider for her niece, but the Department determined that the Appellant failed to meet foster care licensing standards after 1) a 51A report was filed alleging…

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.