Neglect

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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 LO, FH# 2017-1077

Lisa Anne Henshall
DCF did not have reasonable cause to revoke the Appellant's license to be a foster parent. The Department made the decision to revoke the Appellant's foster care license following a supported 51B report for neglect against the Appellant after the Appellant left the child in question, the 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 AC & LC, FH# 2017-0255

Laureen Decas
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…

In the Matter of SL, FH# 2017-0457

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a finding of neglect because 1) the Appellant, when responding to the child fighting at school, arrived with a pocketknife and threatened other children and ordered the child to beat up the students involved 2) witnessing domestic violence has a…

In the Matter of FE, FH# 2017-0399

Carmen Temme
Affirmed - DCF acted with a reasonable basis in finding neglect by Appellant (a DCF Direct Care Supervisor at a residential facility) where Appellant fell asleep while he was supposed to be supervising children overnight. Three children were in danger when they snuck out of the facility for about an…

In the Matter of J.S., FH# 2017-0149

Jorge F. Ferreira
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…

In the Matter of ND, FH# 2017-0730

Carmen Temme
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was insufficient evidence to indicate that Appellant mother's use of marijuana placed her children in danger or posed substantial risk to their safety or well-being. Appellant's newborn child was born full…

In the Matter of GI, FH# 2017-0137

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support the 51A decision for neglect against the Appellant (maternal grandmother and guardian of the child "N"). A Probate and Family Court Order from June 24, 2014 ordered the Appellant to continue to serve as the guardian of N due to a history of substance…

In the Matter of JG, FH# 2017-0249

Linda A. Horvath
Reversed - DCF did not have reasonable cause to find neglect when, while there would typically be cause to believe neglect was present related to a child’s truancy, the truancy was directly related to special circumstances where (1) there was a change in psychiatric services to the child, (2) the…

In the Matter of KC, FH# 2017-0160

Carmen Colon
Affirmed in part and reversed in part - DCF had reasonable cause to affirm a 51A report alleging the neglect of one child, and did not have reasonable cause to support 51A reports of neglect against the other three children.

In the Matter of IP, FH# 2017-1196

Linda A. Horvath
Affirmed - DCF had a reasonable cause to support a finding of neglect because Appellant resident counselor had failed, multiple times, to check on the whereabouts of the child under DCF custody. The child was able to travel over two hours away. Appellant also saw the child in the community late that…

In the Matter of AR, FH# 2017-0355

Carmen Colon
Affirmed - DCF had reason cause to find neglect against mother for leaving the children unsupervised for extended periods of time. The child reported to her guidance counselor that she was worried about what to do in case of an emergency while looking after her little brother when her mother could…

In the Matter of JV, FH# 2017-0129

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support the 51A report for physical abuse and neglect against the Appellant ("JV"). The Hearing Officer found that the Appellant utilized objects such a coat hanger and a belt to discipline his children, A and J, that left marks on their face, back, and legs…

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 RG and PG, FH# 2017-0093

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a 51A report of neglect where there was a domestic dispute between Appellants, mother and stepfather, during which the Appellant Stepfather was intoxicated, and following the dispute the Appellant Mother went to the hospital for self-inflicted injuries.…

In the Matter of JC, FH# 2017-0257

Laureen Decas
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…

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 RD, FH# 2017-0893

Antonia Chronis, Esq.
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) Appellant mother was having difficulty with her son who started attending school inconsistently after beginning a relationship with a student who had a long history of truancy 2) Appellant mother was…

In the Matter of RD, FH# 2017-0538

Anne L. Dale Nialetz
Reversed - DCF did not have reasonable cause to support a finding of neglect because 1) child changed his story from when he was at the hospital being evaluated to when the department worker interviewed him 2) child said that Appellant father does not drink very much 3) child said that his statement…

In the Matter of CK, FH# 2017-0728

Anastasia King
Affirmed - DCF had reasonable cause to support a finding of educational neglect because 1) the Appellant grandmother and legal guardian failed to make any reasonable attempts to seek out the appropriate services to help the child and failed to make use of services when they were offered to her 2)…

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 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 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 DW and CW, FH# 2017-0325

Nicholas Holahan
Reversed - DCF had no reasonable cause to support allegations of neglect following a 51A report from a hospital where Appellants were undergoing heroin detox because: (1) the children showed no signs that Appellants’ daily heroin use had put them at substantial risk, and (2) the grandparents were…

In the Matter of MM, FH# 2017-0066

Nicholas Holahan
Affirmed - DCF had reasonable cause to support allegations of neglect where Appellant Father, with children in the car, was observed to be driving erratically and was later charged with OUI and Child Endangerment after he failed a sobriety test and was found to have a half-full bottle of vodka in…

In the Matter of LH, FH# 2017-0057

Laureen Decas
Affirmed - DCF had reasonable cause to believe that Appellant Mother neglected her child where (1) Appellant Mother failed to comply with court visitation orders for the father; (2) Appellant falsified testimony of sexual abuse by the father and coached the child to make those allegations as well;…

In the Matter of KC, FH# 2017-0367

Carmen Colon
Affirmed - DCF had reasonable cause to support a 51A report of neglect where the Appellant Grandmother violated a DCF order by allowing the children to contact their mother, and drugs that were sufficient to present a risk to the children’s health were found in the children’s toy chest.

In the Matter of AG, FH# 2017-0098

Laureen Decas
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…

In the Matter of JD, FH# 2017-0231

Anna L. Joseph
Affirmed - DCF had reasonable cause to support a finding of neglect where the Appellant Mother was unable to care for her child due to ongoing mental health issues. The Appellant Mother’s child resided with her maternal grandmother at the time of the report, but this living situation was not court…

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 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 JC and CA, FH# 2017-0171

Anna L. Joseph
Affirmed - DCF had reasonable cause to support the 51A decision for neglect against the Appellants (biological mother and biological father). When the child ("B") was 21 days old, the Appellants brought B to his pediatrician for a well-child visit. The Appellants self-reported that they had observed…

In the Matter of VD, FH# 2017-0203

Carmen Colon
Reversed - DCF had insufficient evidence to support a neglect report because the investigation was not conducted properly, including no police report, no medical records, and no further questions asked of the Appellant Mother to support an allegation of neglect.

In the Matter of F.A., FH# 2017-0229

Laureen Decas
Affirmed - The Hearing Officer found that the Department’s supported 51B decision for neglect was reasonable; the decision was affirmed. The appellant admitted that her choice to leave her two young children alone for 90 minutes was neglect for lack of supervision. The children had called 911, and…

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 F.A., FH# 2017-0229

Laureen Decas
Affirmed - DCF had reasonable cause to support a 51A report of neglect when the Appellant left her two young children alone for 90 minutes without supervision. The children had called 911, and opened the door without checking who was there. Neither the children nor police could contact the…

In the Matter of MP & AW, FH# 2017-0903

Anastasia King
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…

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 JM, FH# 2017-0184

Carmen Temme
Reversed - DCF did not have reasonable cause to support the 51A reports alleging neglect by the Appellant. While it was determined that the Appellant's words and actions towards the child (her son) were excessive and manipulative as the Appellant fought for custody with the child's biological…

In the Matter of A.G., FH# 2017-0152

Maura E. Bradford
Affirmed - DCF had reasonable cause to support a finding of abuse and neglect in an isolated instance of physical contact resulting in injury by Appellant, a DYS employee, even when Appellant had a clean employment history. Appellant was responsible for maintenance of a safe and orderly environment…

In the Matter of M.S., FH# 2017-0251

Anne L. Dale Nialetz
Affirmed - DCF had sufficient evidence to support a 51B report of neglect when the Appellant locked his teenage son out of the home after visiting his sister without the Appellant’s permission. The Appellant made it clear that his son was not allowed to return home, deliberately failed to ensure his…

In the Matter of M.S., FH# 2017-0251

Anne L. Dale Nialetz
Affirmed - The Hearing Officer found that there was sufficient evidence to find neglect in the Department’s supported 51B decision for neglect; the decision was affirmed. The appellant locked his son out of the home; the appellant’s son visited his sister without the appellant’s permission. The…

In the Matter of ED, FH# 2017-0293

Jorge F. Ferreira
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was no evidence that the Appellant's daughter was impacted by her use of marijuana during pregnancy, or that it had placed the daughter in medical danger or risk of injury. Appellant was able to show through…

In the Matter of LG & MG, FH# 2017-0560

Frances I. Wheat, MPA
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…

In the Matter of JM, FH# 2017-0051

Carmen Temme
Reversed - DCF did not have reasonable cause to find neglect on the part of the Appellant Mother where (1) the police reported that the Appellant was driving children while intoxicated, (2) multiple other people reported that the Appellant had only one drink more than three hours before driving, (3)…

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,…