Stone v. Massachusetts Department of Social Services

6 Mass. L. Rptr. 525
CourtMassachusetts Superior Court
DecidedFebruary 28, 1997
DocketNo. 94307
StatusPublished

This text of 6 Mass. L. Rptr. 525 (Stone v. Massachusetts Department of Social Services) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stone v. Massachusetts Department of Social Services, 6 Mass. L. Rptr. 525 (Mass. Ct. App. 1997).

Opinion

Connolly, J.

The plaintiff brought the present action pursuant to G.L.c. 30A, §14 (State Administrative Procedure Act) seeking judicial review of a final administrative decision of the Department of Social Services that placed the plaintiffs name on the Department’s Central Registry (Central Registry). The plaintiffs complaint asserts that the Department’s final decision was (1) in violation of State and Federal Constitutional provisions; (2) in excess of the statutory authority and jurisdiction of the Department; (3) based upon errors of law; (4) made upon unlawful procedure; (5) unsupported by substantial evidence; (6) unwarranted by the facts on the record; and (7) arbitrary and capricious, an abuse of discretion, and not in accordance with law. After a review of the Administrative Record and the memoranda of the parties, the Department of Social Services’ decision is vacated. The case is to be remanded back to the Department for a new Fair Hearing.

BACKGROUND

The following background information was obtained through a review of the Fair Hearing transcript and Administrative Record.

On June 7, 1993, a 51A Report (Report) was received by the Massachusetts Department of Social Services (Department) on behalf of two minor boys and their mother alleging the sexual abuse by the Appellant, Jeffrey Stone (Stone).1 At the time of the incident, Stone was sixteen years of age and the two boys were ages four and six respectively. The report indicated that on or about March 13, 1993, the children came into their house after sledding with Stone and complained that Stone had said and done bad things to them. Both boys indicated that Stone had put his hand down the front of their pants and touched their “private part.”2 The mother, however, did not report the incident, but rather confronted Stone with the allegation.3 Stone denied any involvement.

Ms. Kathleen M. Souza (Souza), on behalf the Department, screened the initial report and spoke with both the reporter and the mother. The mother stated that she gave the boys permission to go sledding with Stone but there was no babysitting involved. The mother never spoke with Stone at this time. Souza, however, indicated that the mother gave her the impression that she had entrusted Stone with a certain amount of responsibility for the children.

The report was subsequently referred to Mr. Thomas Birch (Birch) who was assigned to investigate the report on behalf of the Department pursuant to G.L.c. 119, §51B. Birch made contact with the Norfolk County District Attorney’s Office (DA’s Office) for a possible joint investigation. The DA’s Office, after reviewing the report, chose not to investigate.

Birch subsequently contacted the mother to arrange interviews with the children. The mother, although reluctant, agreed to the interviews which were to take place on June 9, 1993. The interviews took place at the home of Donald Griffin (Griffin).4 After interviewing the mother, Birch interviewed the children together. Present during this interview was the boys’ mother, Griffin, and Griffin’s wife. Birch admitted that the Griffins provided some assistance during the interview. The boys both confirmed their earlier account of what happened.

Sometime later, a letter was sent to Mr. and Mrs. Stone advising them of the report against their son and scheduled an interview for June 15, 1993. On June 14, 1993, Mr. John Mahaney (Mahaney) contacted Birch indicating that he was representing Stone and all communications should go through him. Mahaney stated that the earliest time an interview could be conducted was the following week. Birch explained that the ten-day investigative time frame expired on June 17, 1993, and if no interview was conducted within that time, then the decision would have to be made without Stone’s input.5

Birch, sometime later, contacted the boys’ father but no new information was obtained. Birch was also told by the mother that there was an alibi witness for Stone but Birch did not take any measures to contact her. Further the boys’ mother told Birch that she took the boys to a doctor. Birch, however, did not try to contact the doctor.

At the conclusion of the investigation, Birch found reasonable cause to believe that an incident had taken place and subsequently supported the report and listed Stone’s name on the Central Registry.6

Stone was notified of Birch’s decision and requested a Fair Hearing review. The Fair Hearing took place on November 23, 1993. Several witnesses testified and exhibits were introduced into evidence. Stone, who was represented at the hearing by Attorney Mahaney, was denied the opportunity to examine the mother of the two boys.7

On January 13, 1994, the Fair Hearing Officer issued a decision upholding the decision to support the 51A Report and to list Stone’s name on the Central Registry. Specifically, the Hearing Officer concluded that the plaintiff was a “caretaker” within the meaning of the Department8 and “the Department had reasonable cause to believe that the reported children were sexually abused by a caretaker.”9

DISCUSSION

I.

A reviewing court may set aside an administrative decision if it finds that the substantial rights of a party may have been prejudiced because the decision is defective under G.L.c. 30A, §14(7). The party appealing [527]*527an administrative decision bears the burden of demonstrating the decision’s invalidity. Merisme v. Board of Appeals on Motor Vehicle Liab. Policies & Bonds, 11 Mass.App.Ct. 470, 474 (1989); Faith Assembly of God of South Dennis and Hyannis, Inc. v. State Bldg. Code Comm’n., 11 Mass.App.Ct. 333, 334 (1981), citing Almeida Bus Lines, Inc. v. Department of Public Utils., 348 Mass. 331, 342 (1965). The court’s review is confined to the record, except in cases of irregularities. G.L.c. 30A, §14(5). In reviewing the agency’s decision, the court is required to give due weight to the agency’s experience, technical competence, specialized knowledge, and discretionary authority. G.L.c. 30A, §14; Flint v. Commissioner of Pub. Welfare, 412 Mass. 416, 420 (1992); Seagram Distillers Co. v. Alcoholic Beverages Control Comm’n., 401 Mass. 713, 721 (1988); Quincy City Hospital v. Labor Relations Comm’n., 400 Mass. 745, 748-49 (1987).

The court may affirm the decision of the agency, remand the matter for further proceedings, or set aside or modify the decision, if it determines that the substantial rights of a party may have been prejudiced because of violations of constitutional provisions, in excess of the agency’s statutory authority, an error of law, made upon unlawful procedure, or that the decision is unsupported by substantial evidence, is unwarranted by facts found in the record, or is arbitrary, capricious, or an abuse of discretion. G.L.c. 30A, §14(7). “Substantial evidence” is what a reasonable mind might accept as adequate to support a conclusion, Deacon Transportation, Inc. v. Department of Public Utils., 388 Mass. 390, 395 (1983), and a court will not substitute its judgment for that of the agency when there is “substantial evidence.” See Hickey v. Commissioner of Public Welfare, 38 Mass.App.Ct. 259, 262 (1995).

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Bluebook (online)
6 Mass. L. Rptr. 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-massachusetts-department-of-social-services-masssuperct-1997.