Dolgner v. Alander

676 A.2d 865, 237 Conn. 272, 1996 Conn. LEXIS 187
CourtSupreme Court of Connecticut
DecidedJune 4, 1996
Docket15237
StatusPublished
Cited by149 cases

This text of 676 A.2d 865 (Dolgner v. Alander) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dolgner v. Alander, 676 A.2d 865, 237 Conn. 272, 1996 Conn. LEXIS 187 (Colo. 1996).

Opinion

PETERS, C. J.

The dispositive issue in this appeal is whether the trial court properly concluded that substantial evidence supported the determination by an administrative hearing officer that the plaintiff had violated agency regulations in connection with the operation of her family day care home. After a contested hearing, the defendant, the commissioner of human resources (commissioner), revoked a registration to operate a family day care home owned by the plaintiff, Elizabeth C. Dolgner, for violations of department regulations. The plaintiff appealed from the commissioner’s decision to the Superior Court, which dismissed the appeal. The plaintiff then appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We reverse the judgment of the trial court.

The revocation of the plaintiffs day care registration arose out of the following undisputed events. Pursuant to a registration issued by the department of human resources (department),1 the plaintiff operated a day care business at her home in Manchester.2 In Septem[274]*274ber, 1991, a parent of children under the plaintiffs care filed with the Manchester police department a complaint alleging that the plaintiff had physically abused one of the children. Robert Harss, a detective in the youth division of the Manchester police department, and Georgette Katin, a social worker employed by the department of children and youth services (DCYS),3 investigated the allegations of misconduct. Both Katin and Harss have professional experience and expertise in investigating child abuse, including abuse in day care settings. DCYS notified the commissioner of the existence and nature of its ongoing investigation.

As part of the investigations conducted by the Manchester police department and by DCYS, Katin and Harss jointly interviewed several children who attended the plaintiffs family day care home. Some of the children interviewed by Katin and Harss reported abusive and other inappropriate treatment by the plaintiff. On September 27, 1991, DCYS notified the commissioner that its investigation had confirmed instances of emotional abuse, physical discipline and inappropriate supervision of children at the plaintiffs family day care home. DCYS subsequently transmitted to the commissioner a report of its investigation and findings.

On October 3, 1991, on the basis of the DCYS report, the commissioner notified the plaintiff by certified letter that he proposed to revoke her day care registration under the authority of § 17-31q-15 (i) (2)4 of the Regula[275]*275tions of Connecticut State Agencies and because of alleged violations of § 17-31q-19 (h) (2) and (3)5 of those regulations. The plaintiff requested a more definite statement of the factual basis of the proposed revocation. The commissioner responded to the plaintiffs request by sending her another certified letter in which he summarized the DCYS report of its investigation. Subsequently, the plaintiff requested a hearing in order to challenge the proposed revocation.

On June 30, August 4 and September 11, 1992, the commissioner conducted hearings on the proposed revocation of the plaintiffs day care registration. The [276]*276plaintiff was present and was represented by counsel at all three hearings. Both Katin and Harss testified for the commissioner. Katin testified that she had interviewed children who had attended the plaintiffs family day care home and that she had concluded, from those interviews, that some of the children had been emotionally abused. Harss testified that some of the children whom he and Katin interviewed had reported that someone had slapped a child and that “[ajccess to the [plaintiffs] house was not allowed by some of the children.” Harss further testified that some of the children had reported instances of abusive treatment at the plaintiffs family day care home, although he did not disclose any specific instances of abusive treatment.6 Over the plaintiffs hearsay objections, the hearing officer admitted into evidence the entire testimony of Katin and Harss. Neither Katin nor Harss testified as to any specific instances of mistreatment or recounted what specifically identified children had told them during then-interviews. None of the children whom Katin and Harss had interviewed testified at the hearings.7

[277]*277In addition to testimonial evidence, at the commissioner’s request the hearing officer admitted into evidence the department’s case summary. The case summary briefly described the complaint that had prompted the police and DCYS investigations of the plaintiffs family day care home8 and outlined the administrative actions taken by the commissioner in response to his notification of the investigations.

Neither the commissioner nor the plaintiff offered as full exhibits at the hearings the reports prepared by DCYS and the Manchester police department. These documents identified the children whom Katin and Harss had interviewed during their investigations, and contained the substance of statements that children had made during the interviews. The two reports were marked for identification only, and the plaintiff inspected them before she cross-examined Harss and Katin and presented her case.

The hearing officer found that the commissioner had proven with reliable, probative and substantial evidence that there existed a DCYS report confirming emotional abuse, the use of physical discipline and inappropriate supervision of day care children by the plaintiff. The hearing officer further found that the commissioner had proven with reliable, probative and substantial evidence that the plaintiff had “failed to be responsible for humane care, proper attention, supervision, control and discipline when she engaged in abusive, neglectful, corporal, humiliating and frightening treatment and punishment of day care children and when she failed to be responsible for the supervision of children at all times . . . .”

[278]*278On the basis of her finding of the existence of a DCYS report confirming mistreatment of day care children, the hearing officer concluded that the commissioner was authorized to take immediate action against the plaintiff under § 17-31q-15 (i) (2). Additionally, on the basis of her finding that the plaintiff had engaged in inappropriate conduct, the hearing officer concluded that the plaintiff had failed to comply substantially with § 17-31q-19 (h) (2) and (3).9 In view of these conclusions, the hearing officer, acting on behalf of the commissioner, rendered the commissioner’s final decision revoking the plaintiffs day care registration. General Statutes (Rev. to 1993) § 17-588 (a).10

Pursuant to General Statutes § 4-183,11 the plaintiff appealed the revocation of her day care registration to the Superior Court. The plaintiff claimed that the commissioner had violated her statutory and constitutional rights because: (1) the hearing officer had improperly based her findings on hearsay evidence; (2) [279]

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Bluebook (online)
676 A.2d 865, 237 Conn. 272, 1996 Conn. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dolgner-v-alander-conn-1996.