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Appeals panel reviews DCF finding of educational and emotional neglect, license decertification

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Summary

The Appeals Court heard argument in Dealey v. Department of Children and Families over whether DCF’s determinations that a seven‑year‑old was educationally and emotionally neglected—and its decision to remove foster children and decertify the appellants’ license—rested on substantial evidence and proper procedure.

The Massachusetts Appeals Court heard argument in Dealey v. Department of Children and Families (Docket 24P1055) over whether DCF’s findings that a seven‑year‑old was educationally and emotionally neglected—and the agency’s subsequent removal of foster children and decertification of the foster license—were supported by substantial evidence and complied with the agency’s procedures.

Appellants’ counsel Myrene Booker told the panel that the administrative record did not contain the factual basis to find educational neglect: the child’s alleged inability to count past 29 was not…

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