Neglect

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In the Matter of MB, FH# 2018-1193

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegation of neglect of 16-year-old child by Appellant father where 1) Appellant was drinking in front of child; and 2) After drinking to intoxication, Appellant let child (who had learner's permit) drive Appellant home with another, sober…

In the Matter of RB & NB, FH# 20190790

Frances I. Wheat, MPA
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…

In the Matter of MD, FH# 20190579

Sophia Cho
Reversed - DCF did not have sufficient evidence for reasonable cause to believe that appellant mother neglected child where 1) basic needs of shelter, food, and medical care were met; 2) physical discipline that left a red mark did not put child in danger or impose a substantial risk to her safety…

In the Matter of RE, FH# 20191073

Carmen Colon
Reversed - DCF did not have sufficient evidence to support a neglect finding where 1) Appellant mother placed her own safety at risk while in an acute state of distress after purposefully leaving the school so her children wouldn't see her upset; 2) the child's other parent responded to care for the…

In the Matter of MB, FH# 20190610

Nicholas Holahan
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) Appellant, who had a drinking problem in the past, no longer drank and child hadn't seen Appellant drink in over a year; and 2) Appellant left child with grandparents while Appellant went to…

In the Matter of JM, FH# 20191032

Sophia Cho
Reversed -- DCF did not have reasonable cause or sufficient evidence to believe that appellant mother neglected child when 1) child was a substance exposed newborn; 2) mother's use of and child's exposure to marijuana did not impact mother's ability to provide minimally adequate care

In the Matter of AD, FH# 20191167

Sophia Cho
Reversed - DCF did not have reasonable cause to support allegations of neglect where (1) Appellant mother was found not guilty of assault and battery on a household member charge; (2) there was conflicting/insufficient evidence to support that Appellant assaulted her child's father while he was…

In the Matter of AF, FH# 2017-0974

Maura E. Bradford
Reversed - DCF did not have reasonable cause to make a finding of neglect against Appellant aunt/foster mother, as the report and response were largely a result of one incident between Appellant and her boyfriend that occurred while the child was home with a babysitter. DCF had the option to…

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 LM, FH# 2017-1394

Carmen Temme
Reversed - Although DCF had reasonable cause to support a finding of neglect due to "relationship discord," there was no evidence that the Appellant father placed the children in immediate danger or posed risk to their safety whereDCF's decision-making lacked corroboration and detail and mother…

In the Matter of MP, FH# 2017-0999

Lisa Anne Henshall
Affirmed - DCF had a reasonable cause to support a finding of neglect because two of the subject children (aged 3 and 5) disclosed witnessing Appellant father yell and hit their mother. The children's mother made and later retracted a statement about the Appellant hitting her. DCF had reasonable…

In the Matter of JH, FH# 2018-0444

Anne L. Dale Nialetz
Affirmed - DCF had reasonable cause to find neglect where the Appellant Father: (1) exposed children to a highly hostile home environment by verbally, emotionally, and physically abusing child and mother; (2) cursed at mother and called her bad names in front of children; (3) hit, slapped, spanked,…

In the Matter of NCP, FH# 2017-1409

Carmen Colon
Affirmed - DCF had reasonable cause to support a finding of neglect where when Appellant mother was at the police department performing a court ordered child exchange with biological father for her scheduled visitation, she initiated a physical altercation with the father, punching him in the face…

In the Matter of LR, FH# 2017-0672

Linda A. Horvath
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) Appellant mother had a history of struggling to ensure child's attendance in school for the last two years 2) the child missed 33 days of school and was frequently late or pulled out early 3) while at school child was…

In the Matter of MW, FH# 2018-0274

Laureen Decas
Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant and father failed to provide adequate emotional support and safety when the children were exposed to verbal altercations between Appellant and stepmother. As a result, child suffered from emotional development…

In the Matter of JD, FH# 2017-0272

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support the 51A Report for neglect of the two subject children by the Appellant (their father) where 1) there was only a single isolated incident where the Appellant duck taped his 12-year-old autistic son's mouth for a few seconds after the child said…

In the Matter of EM, FH# 2017-0374

Nicholas Holahan
Reversed - DCF had no reasonable cause to support allegations of neglect where Appellant allegedly drove while intoxicated with the child in the vehicle. It was determined that (1) Appellant did not transport the child, the grandmother did; (2) Appellant regularly checked on her son during the…

In the Matter of RH, FH# 2018-0121

Laureen Decas
Affirmed - DCF had reasonable cause to find neglect where a young child witnessed domestic violence and expressed sadness. The Hearing Officer considered past domestic violence reports and substance use in determining whether there was reasonable cause for finding neglect.

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 SH, FH# 2017-0102

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegations of neglect where Appellant Mother did not accompany the child to the hospital in an ambulance, but arrived at the hospital separately at a later time. It was determined that the child was adequately supervised at all times, and that…

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 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 KB and EO, FH# 2017-0018

Laureen Decas
Affirmed in part and reversed in part - DCF had reasonable cause to support the 51A decision for physical abuse against the Appellant-live-in partner (caregiver). The Appellant live-in-partner allegedly slapped the child across the face while the Appellant mother was outside. The slap left…

In the Matter of HZ, FH# 2017-0338

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support the allegation of neglect where the Appellant was found to be the victim of domestic violence who took the appropriate steps to seek help when she was assaulted by the subject child's father. Additionally, the Appellant acknowledged that her…

In the Matter of SAV, FH# 2018-0010

Jorge F. Ferreira
Affirmed - DCF had a reasonable basis for case closure when (1) there had been multiple unsupported or screened-out 51B decisions; (2) the Appellant was not the primary custodian of the child; (3) the parents had refused DCF services; and (4) the appeal involved arguments based on family dynamics…

In the Matter of SAV, FH# 2018-0010

Jorge F. Ferreira
Affirmed - An appealed case closure remained closed when (1) there had been multiple unsupported or screened out 51B decisions; (2) the appellant was not the primary custodian of the child; (3) the parents had refused DCF services; and (4) the appeal involved arguments based on family dynamics that…

In the Matter of JE, FH# 2017-1368

Jorge F. Ferreira
Affirmed - DCF had a reasonable basis for closing Appellant's case and terminating services where Appellant was not compliant with his service plan tasks, whereas there was substantial evidence showing that the biological mother of the Appellant's child was abiding by her service plan, engaged in…

In the Matter of K-W.J., FH# 2018-0033

Linda A. Horvath
Affirmed - DCF had reasonable cause to terminate services when the Appellant was found not to have submitted 51A reports that allegedly supported continuation of services for his child in the mother’s home.

In the Matter of A.B., FH# 2017-1238

Lisa Anne Henshall
Affirmed - DCF did have reasonable cause to support a finding of neglect. Appellant mother and maternal grandmother were out at lunch and highly intoxicated while in the presence of the child. Furthermore, it was determined that the Appellant allowed the maternal grandmother to drive her and the…

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 AR, FH# 2017-0247

Nicholas Holahan
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…

In the Matter of GC, FH# 2017-0291

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support the 51A report for neglect where the Department was unable to demonstrate that the Appellant posed danger to the child and/or substantial risk to the child's safety or well-being. There was a lack of clarity regarding the Appellant's history…

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 KG, FH# 2017-1187

Frances I. Wheat, MPA
Affirmed - DCF has reasonable basis to close young adult Appellant's case and terminate services where the Appellant declined the Department's proposed living placements and did not fully utilized the programs previously in place for her. At 22 years old, soon to be 23, the Appellant has been…

In the Matter of LB, FH# 2017-0503

Nicholas Holahan
Reversed - DCF did not have reasonable cause to remove a Department foster child (D) from the home of the Appellant, an approved pre-adoptive parent. Following the filing of three 51A reports against the Appellant's grandson, who resided in the Appellant's home, for sexual abuse and neglect of two…

In the Matter of LD, FH# 2017-0217

David Halloran
Affirmed in part and reversed in part - DCF had reasonable evidence to find neglect when (1) parents were going through a contentious divorce; (2) the child witnessed fighting between the parents; (3) the Appellant Father was vulgar towards the other parent; and (4) the child reported feeling scared…

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 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 VJ, FH# 2017-1385

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support a finding of neglect for the children's Appellant mother. There was insufficient evidence that the children's mother met the department's definition of neglect. While the children did engage in rough playfighting with their stepfather, which…

In the Matter of SB, FH# 2017-1365

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of neglect because Appellant, the child's mother, was sleeping at the time of the accident. She allowed the child's father to give the child his midnight feeding and had no reason to believe that the father was intoxicated.

In the Matter of WB, FH# 2017-0261

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support the allegation of neglect against the Appellant where the Department relied entirely on DCF's history with the Appellant's other three children in its decision to support a finding of neglect. While the Appellant had struggled with mental…

In the Matter of ST, FH# 2017-1372

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of abuse or neglect because a 1-month-old child, while briefly unattended, fell from a counter in an unfortunate incident after his father bathed him. The child sustained a subarachnoid hematoma, intraventricular hematoma, and a…

In the Matter of DC & JN , FH# 2017-1184

Linda A. Horvath
Reversed - DCF did not have a reasonable cause to support a finding of neglect because the Reporter later retracted his/her initial report of issues with Appellants - mother and father's home. There was also no evidence that the Appellant - mother's mental health issues or marijuana use interfered…

In the Matter of DL, FH# 2017-1388

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support a finding neglect of the child's Appellant mother. The child alleged that she told her mother about a history of sexual abuse by her uncle. However, the department determined that the child was not credible due to inconsistencies in her…

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 TK, FH# 2017-1358

Laureen Decas
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…

In the Matter of EM & JM, FH# 2017-1339

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because (1) the Appellants provided excellent care for the children as evidenced by their expressed desire to continue living with Appellants (2) when a family member unexpectedly attacked one child, Appellants intervened…

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 SM, FH# 2017-0063

Carmen Colon
Affirmed - DCF had sufficient evidence to find neglect where Appellant Mother was aware of physical abuse by her boyfriend towards her twin children, one of whom was diagnosed with PTSD and displayed self-harm through burning and desire to burn down the school and family house, as well as harm the…

In the Matter of MB & BB , FH# 2017-1383

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a finding of neglect because Appellants did what they thought was best to address their child's inappropriate behavior and there was no evidence to suggest that their physical discipline adversely impacted their children's emotional stability…