domestic violence

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In the Matter of LO, FH# 2017-0055

Carmen Colon
Affirmed - DCF had reasonable cause to support allegations of neglect against Appellant Mother where a child (1) was exposed to domestic violence and substance use; (2) needed to be kept away from Appellant, who experienced aggressive mental breakdowns resulting from arguments with the father; and…

In the Matter of FH, FH# 2017-0190

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support the allegations of neglect and physical abuse against both Appellants where: (1) the child was lacking details or explanations in numerous statements regarding abuse and neglect; (2) the level of discipline via spanking with a belt was found to…

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 DZ & SCZ, FH# 2017-1224

Lisa Anne Henshall
Affirmed - DCF had reasonable cause to support a finding of neglect and physical abuse. The Appellants, the guardians of the reported children, disputed the allegation of physical abuse. However, a police report and corroborating eyewitness statement provided sufficient evidence that the Appellants…

In the Matter of LW, FH# 2017-0148

Lisa Henshall
Reversed - The Hearing Officer reversed a supported 51B decision of abuse where there were two conflicting reports about the altercation, one from the appellant mother and one from the 16-year-old child. The mother’s statements were deemed more credible because they were supported by facts while the…

In the Matter of ND, FH# 2017-0276

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support a finding of neglect where, though the Appellant and her ex-wife fought, yelled, and used inappropriate words in front of the subject child, there was no reasonable cause to indicate that the Appellant's actions placed the child in danger or…

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 RW, FH# 2017-0218

Linda A. Horvath
Affirmed - DCF had reasonable cause to find neglect when an Appellant Father (1) engaged in domestic violence toward the mother with the child in the home; (2) had an alleged history of domestic violence; (3) maliciously injured a family pet; (4) caused fatal injury to said pet; (5) lacked…

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 VI, FH# 2017-0111

Linda A. Horvath
Reversed - A supported 51B decision can be reversed when a parent behaves violently to protect a teenage child who (1) displays behavioral issues; (2) places herself in extremely dangerous situations; (3) has a history of sexually and other reckless behaviors; and (4) has various disabilities, and…

In the Matter of MM, FH# 2017-1223

Carmen Temme
Affirmed - DCF had reasonable cause to make a finding of neglect. The Appellant mother was participated in a pattern of incidents which, taken in their totality, resulted in a failure to provide the child with less than minimally adequate emotional stability and growth. These incidents included:…

In the Matter of GB, FH# 2017-0046

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect where there was no evidence that the Appellant’s actions placed the children in danger or posed a substantial risk to their safety and well-being. While DCF demonstrated sufficient evidence to support its decision that the…

In the Matter of CH and MH, FH# 2017-0121

Maura E. Bradford
Reversed - DCF did not have sufficient evidence to support allegations of neglect against Appellant Parents. During an argument, the children's mother scratched their father, who reflexively punched and pushed the mother away. The children heard but did not witness the altercation, but the…

In the Matter of BS, FH# 2017-0183

Anastasia King
Reversed - DCF did not have reasonable cause to support allegations of neglect by the Appellant's partner (the children's biological father) where no credible evidence was presented to suggest that the partner failed to provide the children with adequate care. The 51A reports filed against the…

In the Matter of GG, FH# 2017-1369

Anne L. Dale Nialetz
Affirmed - DCF had a reasonable cause to support a finding of neglect because GG's children stated that they often heard their parents fighting and witnessed physical violence between their parents. Both children described the negative emotional impact they felt from witnessing their parents…

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 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 GC, FH# 2017-0047

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support a finding of neglect against the Appellant where (1) the children were teenagers with disabilities, (2) the children’s mother and mother’s live-in boyfriend (Appellant) engaged in a one-time argument in front of the children, (3) the argument…

In the Matter of JP, FH# 2017-0705

Nicholas Holahan
Reversed - DCF did not have a reasonable cause to support a finding of neglect because the children did not observe the physical confrontation between Appellant father and his wife. There was no evidence the Appellant failed to provide minimally adequate supervision or emotional stability and growth…

In the Matter of RK, FH# 2017-0095

Nicholas Holahan
Affirmed - DCF had sufficient evidence to support allegations of neglect where a child witnessed physical abuse perpetrated by Appellant Father against Mother, who disclosed the abuse to a mandated reporter. The child suffered from a neurological disorder, and the Hearing Officer determined that…

In the Matter of DB, FH# 2017-0370

Nicholas Holahan
Affirmed - Hearing Officer affirmed the Department’s support of physical abuse allegations when the child’s account was clear and consistent, and there was physical evidence of significant force that could be reasonably inferred to have occurred under appellant’s care.

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 RL, FH# 2017-0537

Antonia Chronis, Esq.
Affirmed - Cambridge Family and Children's Service (CFCS), a DCF contracted agency, had reasonable cause to deny the Appellant and the Appellant's home licensure as a pre-adoptive resource for her 3 great-nieces and great-nephews (A, G, and Z) where the following concerns were identified: 1) lack of…

In the Matter of LQ, FH# 2017-0419

Anne L. Dale Nialetz
Affirmed in part and reversed in part - DCF had reasonable cause to support allegations of neglect where Appellant’s children were sexually abused, and exposed to threats of violence and excessive violence. The children also witnessed a pattern of domestic violence between Appellant and Appellant’s…

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 AED, FH# 2017-0497

Anna L. Joseph
Affirmed - DCF had a reasonable cause to support a finding of neglect because Appellant mother failed to protect her children from exposure to violence between her and her partner. Police responded twice within a five-month period to calls for help due to domestic violence, and the subject children…

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 K-W.J., FH# 2018-0033

Linda A. Horvath
Affirmed - Hearing Officer supported the Department’s decision to terminate services where appellant’s evidence for service continuation was based in 51A reports that the Department had not received. Appellant claimed to have filed the reports in response to neglect of his daughter by the child’s…

In the Matter of RC, FH# 2017-0075

Nicholas Holahan
Affirmed - DCF had reasonable cause to support an allegation of neglect when a caretaker disclosed to a mandated reporter that they were a victim of domestic violence. When the victim later recanted the original accusation of domestic abuse, the original accusation seemed more credible than the…

In the Matter of JR, FH# 2017-0004

Laureen Decas
Affirmed - The Department found neglect in a home where an appellant mother displayed a pattern of violence and poor decision-making where: (1) appellant mother sent texts to the father of the child threatening to suffocate the child; (2) appellant mother and father had a history of arrests for…

In the Matter of JR, FH# 2017-0004

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect in a home where an Appellant Mother displayed a pattern of violence and where: (1) Appellant Mother sent texts to the father of the child threatening to suffocate the child; (2) Appellant Mother and father had a history of arrests for assaulting…

In the Matter of KP & JJ, FH# 2017-1228

Anne L. Dale Nialetz
Affirmed - DCF did have reasonable cause to support a finding of neglect. The appellant mother and father engaged in a physical altercation with the father's ex-spouse, and ex-spouse's boyfriend, outside of their home which was witnessed by the appellant's eight month old child. While the father…

In the Matter of KP & JJ, FH# 2017-1228

Anne L. Dale Nialetz
Affirmed - DCF did have reasonable cause to support a finding of neglect. The appellants, mother and father of the children, engaged in a physical altercation between themselves and the father's former spouse, and her boyfriend, in front of the children. The Department found that the evidence was…

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 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# 2017-0318

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…

Guides to Economic Rights and Resources For Domestic Violence Survivors in Western Massachusetts

Massachusetts Rural Domestic and Sexual Violence Project
This series of guides were designed to be used by advocates for survivors of domestic and sexual violence when working directly with survivors. There are guides for Berkshire, Franklin, Hampshire and Hampden counties of Massachusetts, as well as guides for those working with immigrant survivors of…

In the Matter of KC, FH# 2017-0119

Frances I. Wheat, MPA
Affirmed - DCF had a reasonable cause to support a goal change from “permanency through reunification” to “permanency through adoption” where the Appellant had a history of substance use and was using various substances, when there were reported instances of domestic violence in the Appellant’s…

In the Matter of L.L. & T.L., FH# 2017-0107

Frances I. Wheat
Affirmed - The Hearing Officer found that the Department’s decision to remove children from Appellant’s DCF kinship foster/pre-adoptive home was reasonable; the decision was affirmed. The Department found that the appellants, great grandmother and great aunt, violated their established safety plan.…

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 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 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 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 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 LR, FH# 2017-0118

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Mother refused to allow her daughter to stay in the home for fear that the child was dangerous. Appellant failed to meet burden of proof for this belief, and did not seek to find alternative accommodations for the…