Appeals court hears challenge to DCF neglect finding focused on investigators credibility
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Summary
Appellant argued DCFs neglect finding rests on an investigators possibly biased summary of childrens statements and on an erroneous factual finding that the appellant admitted throwing a ball; DCF said three children gave consistent accounts and the fair hearing officer reasonably credited them. The case was submitted.
The court heard an administrative appeal by Benjamin Pierce challenging a Department of Children and Families determination that he neglected a child. Earl Goldstein, for Pierce, told the panel the fair hearing officer relied on an investigators report that may have mischaracterized witness statements, failed to make required credibility findings, and included an erroneous factual finding that Pierce admitted intentionally throwing a ball at a child.
Goldstein argued documents introduced at the fair hearing showed inconsistencies in the response workers account and that the worker had, at times, framed the contemporaneous evidence to fit a narrative. abOnce we know that the channel through which the children's statements come in may have problems, we don't know what part of her report is accurate,bb Goldstein said.
Carol Frisoli, for DCF, said investigators interviewed the principal, teacher and all three children separately, found consistent themes, and exercised the agency's investigatory duty; she urged deference to the fair hearing officer's credibility determinations and noted the administrative standard is comparatively low.
The panel questioned whether calling children as live witnesses at a fair hearing was appropriate and whether the soft foam ball and the resulting emotional effect on the child met the statutory neglect standard. The case was taken under submission.