Administrative Decisions

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

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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 JD, FH# 2017-0612

Laureen Decas
Reversed - DCF did not have reasonable cause to support a finding of physical abuse because 1) the Department found the child to be an unreliable reporter given that he provided contradictory information to the frequency of abuse 2) the child told the social worker that he told stories all the time…

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 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 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 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 HC & JA , FH# 2017-1371

Anastasia King
Reversed - DCF did not have a reasonable cause to support a finding of neglect because there was no evidence that the three children, all aged 17, were pressured to bathe nude during a school camping trip. The children were given alternative options if they did not wish to bathe nude. There was no…

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 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 TH and LC, FH# 2017-0309

Linda A. Horvath
Reversed - Hearing Officer affirmed that the Department had no reasonable cause to believe a complaint from the child’s mother, stating that the child’s grandparents and guardians neglected the child. The original decision was unsupported because (1) the mother has just been kicked out of…

In the Matter of EO & RO , FH# 2017-0008

Nicholas Holahan
Affirmed - DCF had reasonable cause to support an allegation of neglect where: (1) a child reported being inappropriately touched in a sexual manner; (2) the child was punished/threatened so that they would not report the abuse; (3) the child was considered credible; and (4) the child's recollection…

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 DB, FH# 2017-0370

Nicholas Holahan
Affirmed - Hearing Officer affirmed the Department’s support of physical abuse allegations when the child’s account was clear and consistent, and there was physical evidence of significant force that could be reasonably inferred to have occurred under appellant’s care.

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 DB, FH# 2017-0370

Nicholas Holahan
Affirmed - DCF had reasonable cause to support an allegation of physical abuse when the child’s account was clear and consistent, and there was physical evidence of significant force that could be reasonably inferred to have occurred under Appellant’s care.

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 JT, FH# 2017-0786

Carmen Colon
Affirmed - DCF had reasonable cause to close the Appellant's (biological father's) case. The Department opened the family case after DCF was notified via 51A reports that the Appellant's two children were being physically abused by the aunt of the Appellant's ex-girlfriend, with whom the Appellant's…

In the Matter of YN, FH# 2017-0513

Carmen Colon
Affirmed - DCF had reasonable cause to support a finding of physical abuse because 1) child, child's brother, and the Appellant mother all corroborated the same story that Appellant mother hit child with a belt 2) there was a clear injury on child's thigh as a result of being hit by the Appellant…

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 KM, FH# 2017-0412

Jorge F. Ferreira
Affirmed - DCF had reasonable basis for listing Appellant (a substitute teacher) in the Central Registry of Alleged Perpetrators where their relationship with a teenage student was found to constitute sexual abuse. Appellant’s actions (including allowing the minor child to skip class in Appellant’s…

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 EKB & TB, FH# 2017-0211

David Halloran
Affirmed - DCF had reasonable cause to believe that physical abuse had occurred even when the perpetrator was unknown when (1) a child who was less than a month old had a broken bone from an unknown event; (2) physicians testified that the type of fracture can but does not commonly arise from normal…

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 EKB & TB, FH# 2017-0211

David Halloran
Affirmed - The Hearing Officer affirmed the Department’s 51B decision supporting findings of physical abuse. The department affirmed findings of physical abuse even when the perpetrator is unknown where (1) a child who was less than a month old has a broken bone from an unknown event; (2) physicians…

In the Matter of RL, FH# 2017-0537

Antonia Chronis, Esq.
Affirmed - Cambridge Family and Children's Service (CFCS), a DCF contracted agency, had reasonable cause to deny the Appellant and the Appellant's home licensure as a pre-adoptive resource for her 3 great-nieces and great-nephews (A, G, and Z) where the following concerns were identified: 1) lack of…

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 OS, FH# 2017-0035

Carmen Colon
Affirmed - DCF had reasonable cause to close a young adult’s case who was not in compliance with the Voluntary Placement Agreement that kept his case open. He did not meet academic performance requirements, did not participate in treatment meetings, and was on probation for a crime stemming from a…

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…

In the Matter of J, FH# 2017-0721

Nicholas Holahan
Remanded - While DCF had reasonable basis for closing Appellant's case and terminating services where Appellant failed to comply with the terms of his placement agreement/service plan by acting aggressive to peers and staff, regularly leaving the program without permission, abusing alcohol and…

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 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 WE, FH# 2017-0165

Nicholas Holahan
Affirmed - The Department can close a case if they find: (1) no protective concerns for the children; and (2) no evidence that the condition of the home poses a safety risk to the children. In addition, the Department stated that the financial status of a family should not be an issue that would…

In the Matter of LB, FH# 2017-0106

Carmen Colon
Reversed - DCF did not have sufficient evidence to support allegations of abuse by Appellant mother where children's reports were determined to be unreliable. Discrepancies also existed between the children's allegations; some reported events of abuse that were unable to be corroborated by their…

In the Matter of WE, FH# 2017-0165

Nicholas Holahan
Affirmed - DCF had a reasonable basis for closing this case because it found: (1) no protective concerns for the children; and (2) no evidence that the condition of the home posed a safety risk to the children. In addition, DCF stated that the financial status of the family should not be an issue…

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 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 NA, FH# 2017-1403

Antonia Chronis, Esq.
DCF did not have reasonable cause to close the Appellant's case and deny her services through a Voluntary Placement Agreement after her 18th birthday where 1) the Department failed to follow its policies by not engaging in comprehensive transition planning with the Appellant and 2) the Appellant had…

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…