Neglect

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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 CR, FH# 2017-0248

Maura E. Bradford
Reversed - DCF did not have reasonable cause to support a 51A report of neglect where Appellant used physical discipline on her teenage daughter on one occasion by reactively slapping her across the face for sneaking out of the house to be with an older boy.

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 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 SA & LG, FH# 2017-1222

Anna L. Joseph
Reversed - DCF did not have reasonable cause to support a finding of neglect. There was insufficient evidence to show that either of the Appellants, the child's biological mother and her partner, ever sexually abused or neglected the child. There were two episodes where the child had blood spots in…

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 N.Y., FH# 2017-0409

Anna L. Joseph
Reversed - DCF did not have reasonable cause to support neglect where: (1) two parents had discord and volatile communications; (2) the Appellant tried unsuccessfully to work on a co-parenting plan for the subject child; and (3) Appellant was not determined to have failed to provide adequate care…

In the Matter of JR, FH# 2017-1194

Anna L. Joseph
Reversed - DCF did not have a reasonable cause to support a finding of neglect because accusations against Appellant father were not credible or supported by any evidence. Appellant's estranged spouse, who had a history of substance abuse and mental health issues, called the police and claimed that…

In the Matter of FM, FH# 2017-0096

Maura E. Bradford
Reversed - The Department reversed a 51B decision for neglect where there was evidence that the child was conspiring with the other parent to further a custody battle issue. The Department did not have reasonable cause to believe that the Appellant Father had neglected the child and found that the…

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 VI, FH# 2017-0111

Linda A. Horvath
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)…

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 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 FM, FH# 2017-0096

Maura E. Bradford
Reversed - DCF did not have reasonable cause to find neglect where there was evidence that the child was conspiring with the other parent to further a custody battle issue. DCF did not have reasonable cause to believe that the Appellant Father had neglected the child and found that the child's own…

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 DS, FH# 2017-1188

Laureen Decas
Affirmed - DCF had reasonable cause to support a finding of neglect because the child's mother overdosed in Appellant grandmother's home and the child reported to her social worker that she saw her mother unconscious in the bathroom. The Appellant claimed that the child was not home, but DCF did not…

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 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 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 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 MG, FH# 2017-0091

Nicholas Holahan
Reversed - DCF did not have reasonable cause to find neglect where Appellant had obtained custody of the child, her granddaughter, through a temporary probate court order and was later informed by the child’s mother that the child could return to the mother’s residence. Appellant informed her DCF…

In the Matter of S.A., FH# 2017-0039

Anastasia King
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…

In the Matter of RS, FH# 2017-0125

Anastasia King
Affirmed in part and reversed in part - DCF had reasonable cause to support the 51A decision for physical abuse against the Appellant (biological father). The Appellant's action of spanking the child across the child's backside was found to be intentional, left marks on the child, and created a…

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 AB, FH# 2017-0279

Anastasia King
Reversed - DCF did not have reasonable cause to support a 51A report of neglect when the child made multiple inconsistent allegations, including that the Appellant locked him in his bedroom, and there was no independent evidence or witnesses to corroborate the child’s claims.

In the Matter of MH, FH# 2017-0460

Maura E. Bradford
Reversed - DCF did not have reasonable cause to deny the Appellant's kinship foster care license. In reaching the decision that the Appellant failed to meet licensing standards, the Department relied on statements from one of the four children in the Appellant'a care (J) as well as statements from…

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 KT, FH# 2017-1191

Antonia Chronis, Esq.
Affirmed - DCF had reasonable cause to support a finding of physical abuse because Appellant mental health assistant engaged in a forceful struggle with the child, pushing her against a kitchen counter, and placing his closed fist under her neck while pushing her down, creating a substantial risk of…

In the Matter of MMFH, FH# 2017-0193

David Halloran
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…

In the Matter of SK, FH# 2017-1199

Anne L. Dale Nialetz
Affirmed - DCF had a reasonable cause to support a finding of neglect because Appellant mother made excessive and inappropriate contact with her child's peers in an effort to control her child's relationships. Appellant also encouraged an inappropriate sexual relationship with her child and an…

In the Matter of HL, FH# 2017-1190

Anne L. Dale Nialetz
Reversed - DCF did not have a reasonable cause to support a finding of neglect because Appellant provided two sworn statements from her friends that she did not leave her children unsupervised while she was being baptized in the ocean during a Church event. Appellant also provided evidence that…

In the Matter of KB, FH# 2017-0582

Carmen Temme
Reversed - DCF did not have reasonable cause to support a finding of physical abuse 1) Appellant mother pushed the child after frustration that her refused to help pack and move to a new home and the two small marks that resulted didn't cause or create a substantial risk of physical injury 2) It…

In the Matter of TH and LC, FH# 2017-0309

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support allegations of neglect by the Appellant Grandparents, the child’s guardians, where (1) the mother has just been kicked out of grandparents’ home a few days before filing the report, (2) her accusations of drug use and sales by the grandparents…

In the Matter of TB, FH# 2017-1246

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant father: (1) left two children in a home with unsecured firearms resulting in their exposure to said firearms which posed a substantial risk to their safety (2) knew that the firearms were in the home but neither…

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 GP, FH# 2017-0130

Nicholas Holahan
Affirmed - DCF had reasonable cause to support the 51A decision for neglect against the Appellant (a professional driver of children to and from a special education program). The Appellant ("GP") failed to follow the established policy of the transportation company he worked for to ensure that all…

In the Matter of DS, FH# 2017-1057

Frances I. Wheat, MPA
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…

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 FH, FH# 2017-0386

Nicholas Holahan
Reversed - DCF did not have reasonable cause to believe that the child had been neglected where: (1) Appellant's young child was found with an illegal drug from an undetermined source; (2) the police could never conclude what the substance was; (3) the child changed his story several times about…

In the Matter of BO, FH# 2017-0462

Maura E. Bradford
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…

In the Matter of CA & CD, FH# 2017-1232

Laureen Decas
Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant parents: (1) asked their 16 year old daughter, who had her learner's permit, to be their designated driver (2) had a history of alcohol abuse and OUI charges (3) allegedly drove under the influence while the…

In the Matter of TG, FH# 2017-0301

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support the 51A Report for neglect where the Appellant (the child's father) failed to provide minimally adequate emotional stability and growth for his son by engaging in a contentious custody battle with the child's mother, where the Appellant and the child's…

In the Matter of SA, FH# 2017-0311

Carmen Colon
Reversed - DCF had insufficient evidence to support a 51A report of neglect and physical abuse where the Appellant physically restrained his son as a form of discipline, and there was no concrete evidence to suggest that the child was at risk of injury or had been injured as a result. Appellant…

In the Matter of CM, FH# 2017-0228

Jorge F. Ferreira
Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant Mother failed to provide minimally adequate care to her two children by Appellant Mother's: (1) failure to maintain a clean home; (2) refusal to use recommended resources to address her mental health issues; (3)…

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 BQ, FH# 2017-0139

Linda A. Horvath
Reversed - DCF did not have reasonable cause to support the 51A report for neglect against the Appellant (direct care staff member at the IFC home where the child was previously temporarily placed). The Appellant did not fail to provide the child ("A") with minimally adequate supervision or care by…

In the Matter of MT, FH# 2017-0488

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a finding of physical abuse because 1) Appellant father continued to hit child with a belt after the first reported incident 2) child reported that Appellant had used a belt to hit him twice a month since he could remember 3) child reported receiving a…