Administrative Decisions

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Decisions issued by an administrative agency, administrative law judge, or administrative council.

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MassHealth Fair Hearing Decisions

Office of Medicaid Board of Hearings
MassHealth has started posting fair hearing decisions on its website. As of February 2024, there are over 2400 decisions from July -Sept 2023 currently posted with a filtering feature by topic. 

MassHealth Reinstated People Wrongly Terminated based on "Change in Household" Prior to March 31, 2023

MassHealth & MLRI
Over the last six months, advocates have brought cases to light of people losing MassHealth despite the continuous coverage protection  based on reported changes that were treated by the computer system as voluntary withdrawals when that was not what the member intended. A voluntary withdrawal…

DHCD Tenant Selection Review Decision Index No. 46

DHCD
All decisions made between May 4, 2019 and January 31, 2023

Educational Opportunity Cases

US Department of Justice
Link to educational cases related to race with links to case summaries and important complaints, briefs, settlement agreements, consent decrees, orders, and press releases. The official text of any legal document is the version filed with the clerk of the court.

Online Board of Review Decisions

Board of Review -- Dept. of Labor and Workforce Development
The Massachusetts Department of Labor and Workforce Development is now publishing selected BOR decisions online.  As of 2017, all BOR decisions in a year are posted at this link:  https://www.mass.gov/board-of-review-public-records As of 2013, selected BOR decisions were posted…

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 MS, FH# 20191203

Frances I. Wheat, MPA
Reversed - DCF did not have reasonable cause to support allegation of physical abuse when (1) children could not provide a timeline of physical abuse and didn't offer details; (2) child couldn't remember how she received a bruise on her leg; (3) other child had no bruises on his body; (4) child…

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 JC, FH# 20191564

Laureen Decas
Affirmed - DCF did have reasonable cause to support a finding of neglect by Appellant father as a result of Appellant's extensive police interactions regarding substance use in the three months prior to the report, as Appellant was failing to adequately protect the child's well-being.

In the Matter of BD, FH# 20191584

Laureen Decas
Affirmed - DCF did have sufficient evidence to support a finding of neglect by Appellant father/stepfather when Appellant drove intoxicated with his children and step-children in the car, proven by the police report, sobriety tests, and breathalyzer results.

In the Matter of MB, FH# 20191377

Laureen Decas
Affirmed - DCF did have reasonable cause to support a finding of neglect by Appellant father as a result of a physical altercation between Appellant and the child's mother, given that the child witnessed the altercation--including Appellant allegedly grabbing the mother by the throat to restrain…

In the Matter of CB, FH# 20190583

Frances I. Wheat, MPA
Affirmed - DCF had reasonable cause to support a finding for neglect against Appellant boyfriend of mother after Appellant caused physical harm to mother, hitting her in the head with a cellphone, while the child was in the home. Even though the child did not witness the event, a reasonable person…

In the Matter of EPG&VG, FH# 20191412

Lisa Anne Henshall
Affirmed - DCF did have sufficient evidence to revoke Appellant kinship foster parents' license given the totality of the circumstances, including: 1) Appellants were not forthcoming with information and at times lied to DCF workers; 2) Appellants were having marital issues, including one allegation…

In the Matter of AJ, FH# 20190705

Laureen Decas
Reversed - DCF's decision to not support pre-adoptive placement of the child with Appellant and to remove the child from Appellant's kinship foster home based on insufficient income was not made in the best interest of the child given the bond between the child and Appellant, Appellant's ability to…

In the Matter of RH, FH# 20191276

Jorge F. Ferreira
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant father when 1) Appellant provided substantial evidence to prove the children's mother had fabricated similar allegations in the past to regain legal and physical custody of them; 2) the children were…

In the Matter of CH, FH# 20191534

Anastasia King
Reversed - DCF did not have reasonable cause to support a finding of neglect by Appellant father as a result of mother's mental health issues and substance use, as Appellant did not care for the child while intoxicated, was approved for temporary custody by the Probate Court, and found alternate…

In the Matter of YA, FH# 20200084

Lisa Anne Henshall
Reversed - DCF did not have reasonable cause to support the finding of neglect by Appellant mother for a substance-exposed newborn/neglect allegation after a positive toxicology screen when 1) Appellant and all collaterals consistently denied Appellant ever using substances, and Appellant's three…

In the Matter of MD, FH# 20191330

Anastasia King
Affirmed for neglect and reversed for abuse - DCF did have reasonable cause to support a finding of neglect by Appellant daycare provider for falling asleep while supervising children in her daycare when 1) the three children were consistent with their own and each others' testimonies; 2) Appellant…

In the Matter of MB & EB, FH# 20191560

Kathleen Sims
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…

In the Matter of EC, FH# 20190970

Frances I. Wheat, MPA
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…

In the Matter of NK, FH# 20191059

Lisa Anne Henshall
Reversed - DCF did not have sufficient evidence to support a finding of neglect against Appellant mother after father reported Appellant for domestic violence when 1) the evidence is conflicting and unclear; 2) Appellant alleges she was the victim of domestic violence, not the perpetrator; 3) the…

In the Matter of BA, FH# 2018-1216

Jorge F. Ferreira
Reversed - DCF did not have reasonable cause to support neglect and sexual abuse where 1) DCF relied on inconsistent statements by a child who was angry with Appellant, who was a staff member at a program the child attended, and 2) the entire record was not considered during the investigation. In…

In the Matter of KC, FH# 2018-1352

Carmen Colon
Reversed - DCF did not have reasonable cause to support allegations of physical abuse and neglect against Appellant daycare staff member when no corroborative evidence was given and the three children involved provided inconsistent statements. Evidence from other teachers and other parents painted…

In the Matter of CL, FH# 2018-0882

Carmen Colon
Reversed - DCF did not have sufficient evidence to support an allegation of sexual abuse when Appellant boyfriend of Mother adamantly denied touching the child inappropriately and no further evidence was presented to refute this denial. Given Appellant's lack of sexual abuse history, the child's…

In the Matter of MBDS, FH# 20191254

Laureen Decas
Reversed - DCF did not have reasonable cause to support the allegation of neglect by Appellant father when 1) the allegations that Appellant left his 12-year-old daughter alone in an unfamiliar area was found inaccurate, as she was with a cousin and on the curb in front of Appellant's house; 2)…

In the Matter of EJ, FH# 20190886

David Halloran
Reversed - DCF did not have sufficient evidence to support a finding of neglect by Appellant mother after a suicide attempt during which two of her children intervened and called 911. While the incident was upsetting for the children, DCF did not have evidence to suggest that Appellant had failed to…

In the Matter of RB, FH# 20190380

Anne L. Dale Nialetz
Reversed - DCF did not have sufficient evidence to support a neglect finding against Appellant father where 1) the child and their sibling gave inconsistent statements from each other, from prior statements, and from adults; 2) the child and their sibling were known by their social worker to be…

In the Matter of KL, FH# 20190823

Nicholas Holahan
Reversed - DCF did not have a reasonable basis to support allegations of neglect by Appellant mother as a result of her drinking alcohol when 1) she had never put the children at risk or failed to adequately care for them due to her drinking; 2) she was willingly meeting with a therapist, attending…

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…

PHN 2020-11: Guidance and Best Practices for Housing Authorities during COVID-19 Emergency

DHCD
The rapidly evolving COVID-19 (coronavirus) situation presents many challenges to Local Housing Authorities (LHAs). DHCD has been working closely with LHAs, Department of Public Health (DPH), Executive Office of Elder Affairs(EOEA), and Executive Office of Housing and Economic Development (EOHED) in…

MassHealth BOH reverses Dentaquest Denial

Scott Bernard
Favorable BOH decision reversing Dentaquest denial of prior authorization for deep gum and root cleaning. Dentaquest is the third party administrator of the MassHealth dental program. The decision concerns periodontal care for an adult.  Note that on the last page the hearing officer writes:…

DHCD Tenant Selection Review Decision Index No. 45

DHCD
All decisions made between December 1, 2018 and May 3, 2019

DHCD Tenant Selection Review Decision Index No. 44

DHCD
All decisions made between May 22, 2018 and November 30, 2018

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…

Bay Path Vocational School BSEA 18-05746

HO Rosa Figueroa
Hearing Officer found in student's favor that Bay Path Vocational Technical High School attendance polices violated Section 504 and discriminated against the student.  To stop discriminating against students with disabilities who missed school for medical reasons, Bay Path was ordered to…

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 MS, FH# 2017-1202

Antonia Chronis, Esq.
Reversed - DCF did not have a reasonable cause to support a finding of physical abuse because there was insufficient evidence that Appellant mother pushing her child into a room caused her child to sustain physical injury. Appellant pushed the child after a struggle over the child's backpack…

In the Matter of M.P. & J.P., FH# 2017-0153

Frances I. Wheat, MPA
Affirmed - DCF had sufficient evidence to take children away from Appellant Foster Parents where Appellant Foster Parents violated rules in a written and verbal agreement they made with DCF by physically disciplining the children.

In the Matter of JG, FH# 2018-0640

Anne L. Dale Nialetz
Affirmed - DCF had a reasonable basis for closing a young adult’s case when that young adult was unemployed for long periods of time, not actively seeking employment, and not enrolled full-time in classes. The case could only be closed after a 90-day transitional planning period which allowed the…

In the Matter of JH, FH# 2018-0444

Ann L. Dale Nialetz
Affirmed - The Department found neglect when the caretaker: (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, and pinched the…

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 KM, FH# 2018-0398

Antonia Chronis, Esq.
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…

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…