Medical/health issues - child/young adult

Reversed - DCF did not have reasonable cause to support a finding of medical neglect by Appellants father and mother when (1) despite a delay in medical care, child did not suffer life-long consequences from the injuries he sustained; (2) child reported to parents he was ok; and (3) EMTs did not…

Reversed - DCF did not have reasonable cause to support a finding of neglect by Appellant parents when 1) the report was filed in response to a one-time verbal altercation between Appellants regarding the child's behavior; 2) the child dealt with many mental health issues that exacerbated the…

Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) the decision to support was made largely relying on statements from Appellant's ex-wife (and child's mother) and her therapist; 2) there is an ongoing case in Family and Probate Court, which…

Affirmed - DCF did not act abuse its discretion in determining the appropriate level of care for the child; even though the kinship family created an increased health risk by smoking in the presence of an asthmatic child and the birth mother wanted the child to stay with the Appellant. There is a…

Affirmed - The decision to remove the child from the appellant’s home and place them in kinship care was upheld. Department did not act unreasonably/abuse its discretion because the burden of proof of the appellant was not met; even though the kinship family created an increased health risk by…

Reversed - DCF did not have reasonable cause to support a 51A report of neglect when a child was hospitalized for an incredibly high blood sugar level, Appellant resisted the voluntary services of a visiting nurse, and Appellant and child had missed several doctors’ appointments; Appellant provided…

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,…

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,…

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…

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…

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…

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…

Reversed - DCF did not have reasonable cause to support a finding of neglect. The Appellant was a staff member in a special needs classroom with four students. On the day in question, the classroom was short staffed, so procedures were altered to ensure safety. All allegations of neglect were the…

Affirmed - DCF had reasonable cause to support a finding of educational neglect because 1) Appellant parents insisted that their child could only go to one specific school which led to the child being severely behind academically, failing the first grade 2) child was diagnosed with dyslexia, a…

Reversed - DCF did not have reasonable cause to support the 51A reports of neglect by the Appellant where there was no reasonable evidence that the Appellant failed to provide essential care for her son or that the Appellant's actions or inactions placed the child in any danger. The child had a…

Reversed - DCF did not have reasonable cause to believe that neglect had occurred when a parent behaved violently to protect a teenage child who (1) displayed behavioral issues; (2) placed herself in extremely dangerous situations; (3) had a history of sexually and other reckless behaviors; and (4)…

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…

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:…

Reversed - DCF did not have reasonable cause to support a finding of neglect where the child accused Appellant Father of hitting her, but DCF could produce no corroborating evidence; where the parents did not take the child for treatment for anorexia because numerous medical providers expressed no…

Reversed - DCF had reasonable cause not to find neglect where Appellant Principal: (1) handled child leaving school premises with proper procedure or reasonable care; (2) followed all protocols; and (3) placed sufficient and capable staff to look after child, and his mental health needs, in the…

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…

Affirmed - DCF had reasonable cause to support a finding of neglect because 1) child had 30 school absences during the 2015-2016 school year and was retained to repeat the second grade as a result 2) child had 32 excused and 19 unexcused absences during the 2016-2017 school year, absent for a total…

Reversed - DCF did not have reasonable cause to revoke the Appellant's foster care license because the Department's licensing reassessment did not clearly identify any failure by the Appellant to comply with specific licensing standards. In its decision to revoke her license, the Department cited…

Reversed - DCF did not have reasonable cause to support the allegations of neglect against the Appellants where, during the hearing, the Appellants were able to provide ample evidence that strongly disproved the facts of the 51A report that had been submitted by the mandated reporter. The Appellants…

Affirmed - DCF had reasonable cause to support an allegation of neglect against a daycare provider where an infant sustained unexplained injuries (bite marks) while under Appellant’s supervision. The injury, combined with Appellant’s failure to explain their origin, were taken to mean that the child…

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…

Affirmed - DCF had reasonable basis for finding neglect where actions/inaction of Appellant Mother failed to provide for son’s minimally adequate care. Appellant Mother did not address (1) her child’s medical needs as recommended and necessary, including presentation of depressive/anxious symptoms…

Reversed - DCF did not have reasonable basis for closing Appellant's case and terminating services where the Young Adult Appellant had been in compliance with his service plan by enrolling in two summer community college courses to get off of academic probation and applying for employment. Through…

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…

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…

Affirmed - DCF had reasonable cause to revoke the foster care license of a foster parent when the parent did not provide a reason for requesting that DCF remove a foster child from care. A foster parent must able to manage the stressful situation of having a foster child. The foster parent was also…

Affirmed - DCF had a reasonable cause to support allegations of neglect when an employee at a residential treatment facility served a child food that contained known allergens, causing an allergic reaction and resulting in the child's admission to the hospital. Appellant was not aware they had…