Mental health issues - caretaker

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…

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…

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.

Affirmed - DCF had reasonable cause to remove the subject child from the Appellants' unrestricted foster home where one Appellant (Mrs. G) 1) breached the confidentiality of the two foster children in her care by using social media to show images and videos of the children and 2) used social media…

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,…

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…

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…

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…

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…

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…

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…

Affirmed - DCF did not find reason to overturn a prior Fair Hearing decision where the original Hearing Officer complied with DCF policies. New information is not accepted in appeal hearings unless the appeal is in regards to adding a person’s name to the Registry of Alleged Perpetrators or…

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.

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…

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…

Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant was in continual conflict with the child, spoke negatively about the other parent, and took a harsh punitive approach toward disciplining the child. The Appellant got into a verbal argument with his child which…

Affirmed - DCF had reasonable cause to believe neglect by the Appellant Mother when the Appellant Mother left children with the father while having knowledge of the father’s substance use, mental health issues, and history of domestic violence with children present.

Affirmed - A supported 51B decision for neglect by the mother can be affirmed when the mother leaves children with the father while having knowledge of the father’s substance abuse, mental health issues, and history of domestic violence with children present.

Reversed - DCF did not have sufficient evidence to support a 51B decision for neglect and abuse where: (1) abuse and neglect allegations were made by mother, who has a strained and volatile relationship with Appellant Father, (2) the child claimed events occurred merely because the mother said so,…

Affirmed - DCF had reasonable cause to support a neglect finding where the Appellant Mother was drinking to the point of intoxication over a three-week period while her child was asleep. The Hearing Officer also considered the child’s mental health issues and the child’s statement that she felt…

Reversed - DCF did not have reasonable cause to support a finding of neglect where the Appellant was never the primary caretaker of the child at the time he was drinking. While the child’s medical issues, the family’s history of violence, and the Appellant’s past substance use issues were concerns,…

Affirmed in part and reversed in part - DCF did not have reasonable cause to support a finding of abuse where there was no evidence corroborating the child’s allegation that her mother hit her. While DCF had the child’s allegations of abuse, there were no observed injuries that matched the…

Reversed - DCF did not have reasonable cause to support allegations of neglect. The Appellant’s regular use of marijuana, the reports of her children occasionally watching the daycare children while the Appellant napped, and the children’s reported struggles were reasonable cause for DCF’s initial…