The DCF Central Registry is not limited to parents of children. Any identifiable person who is found to pose a risk to the health, safety and well-being of children may be placed on the DCF Central Registry.
A recent case illustrates this point. Two children, ages 7 and 5, were living with their aunt and uncle. As a method punishment, the younger child was denied access to the house. Finally, at approximately 12:30 am he walked to his grandmother’s house. A few days later, the younger child was kicked out of the house for defending the older child. She too walked to the grandmother’s house.
A DCF Hearing Officer determined that the aunt and uncle physically neglected the child and emotionally abused the child by denying him access to the home.
As to the younger child, the Hearing Officer concluded that she was inappropriately punished for simply “sticking up” for the older child.
The aunt and uncle were placed on the DCF Central Registry. They appealed this decision to the Superior Court. Not surprisingly, the Superior Court dismissed the appeal.
When the Superior Court is reviewing the decision of the DCF Hearing Officer, the decision will be upheld unless it was arbitrary, illegal or the Hearing Officer abused their discretion. In practical terms, unless the Hearing Officer “really screws up” the decision will stand. Therefore, it is a rare case in which the Superior Court will reverse the findings of the Hearing Officer.
The best opportunity to obtain a reversal of the DCF Substantiation or Central Registry decision is always an appeal at the Administrative Hearing level.