Samuel Nassetta Successfully Challenges DCF Neglect Allegations in Contested Family Matter

Attorney Samuel Nassetta successfully secured the reversal of Department of Children and Families (DCF) findings against a mother accused of emotional, medical, and physical neglect in a highly contentious custody dispute marked by ongoing conflict, competing allegations from both parents, and a classic “he said, she said” dynamic.

The medical neglect allegation was based on the mother’s disagreement with an autism diagnosis that had been suggested informally through a DCF investigator. The Hearing Officer found that no medical provider had ever given the mother a formal diagnosis or instructed her to obtain treatment or services. The concerns raised came from a provider who was not qualified to diagnose autism and, at most, could only recommend further evaluation. The Hearing Officer concluded that the mother’s hesitation to accept an unconfirmed diagnosis was reasonable and did not constitute neglect or a refusal to provide medical care.

The emotional neglect allegation was also rejected, as the evidence did not show that the mother coached the children, influenced their statements, or caused them emotional harm.

Attorney Nassetta’s cross-examination of the DCF investigator led DCF’s attorney to withdraw both physical neglect counts during the hearing.

The Hearing Officer ultimately found there was insufficient reliable evidence to support the remaining allegations and overturned the DCF findings. Reversals of this type are uncommon, particularly in highly adversarial family disputes where credibility is sharply contested.