Daly v. Dept. of Children & Families

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Daly v. Dept. of Children & Families

WILLIAM DALY v. DEPARTMENT OF CHILDREN
AND FAMILIES
(AC 47155)
Suarez, Westbrook and Keller, Js.

Syllabus

The plaintiff, a former high school substitute teacher, appealed from the
judgment of the trial court dismissing his appeal from the decision of a
hearing officer for the defendant Department of Children and Families, who
upheld the department’s decision to substantiate allegations of sexual abuse
of A, a high school student, and to place the plaintiff’s name on its child
abuse and neglect central registry. While working as a substitute teacher
at A’s high school, the plaintiff had engaged A through social media, met
with her at a shopping plaza and a park, and kissed her. The plaintiff claimed,
inter alia, that the trial court improperly concluded that there was substantial
evidence in the record to support the hearing officer’s finding that he had
sexually abused A. Held:

The trial court properly concluded that the findings and conclusion of the
hearing officer upholding the substantiation of the allegations of sexual
abuse with respect to A were supported by substantial evidence.

The trial court properly determined that the hearing officer did not act
unreasonably, arbitrarily, illegally or in abuse of her discretion in upholding
the department’s decision to place the plaintiff’s name on its central registry,
as the hearing officer found that all three criteria in the department’s policy
manual for placement of the plaintiff’s name on the central registry, intent,
severity, and chronicity, were supported by substantial evidence.
Argued November 13, 2024—officially released March 18, 2025

Procedural History

Administrative appeal from the decision of a hearing
officer of the defendant upholding the decision of the
defendant to substantiate allegations of sexual abuse
and to place the plaintiff’s name on the Central Registry
of Persons Responsible for Child Abuse and Neglect,
brought to the Superior Court in the judicial district of
New Britain and tried to the court, Hon. Henry S. Cohn,
judge trial referee; judgment dismissing the appeal,
from which the plaintiff appealed to this court.
Affirmed.
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Christopher DeMarco, for the appellant (plaintiff).
Matthew J. Parenti, assistant attorney general, with
whom, on the brief, were William Tong, attorney gen-
eral, and Nisa J. Khan, assistant attorney general, for
the appellee (defendant).
Opinion

KELLER, J. The plaintiff, William Daly, appeals from
the judgment of the trial court dismissing his appeal
from the decision of a hearing officer of the defendant,
the Department of Children and Families (department),
who upheld the department’s decision to substantiate
allegations of sexual abuse against a child and to place
the plaintiff’s name on the Central Registry of Persons
Responsible for Child Abuse and Neglect (central regis-
try).1 See General Statutes § 17a-101k (c) (1).2 On
appeal, the plaintiff claims that the court improperly
concluded that there was substantial evidence in the
1
Section 17a-101k-1 (14) of the Regulations of Connecticut State Agencies
provides: ‘‘ ‘Central registry’ or ‘registry’ means the confidential data file
maintained as part of the department’s computerized database, of persons
who have been substantiated as individuals responsible for an act or acts
of child abuse or neglect and for whom the commissioner [of the department]
has made a determination, based upon a standard of reasonable cause, that
the individual poses a risk to the health, safety or well-being of children
. . . .’’ See also General Statutes § 17a-101k (a); Matthew M. v. Dept. of
Children & Families, 143 Conn. App. 813, 818 n.2, 71 A.3d 603 (2013). Our
Supreme Court has observed that ‘‘the stated legislative purpose of the
central registry is to prevent or discover abuse of children.’’ (Internal quota-
tion marks omitted.) Frank v. Dept. of Children & Families, 312 Conn. 393,
426 n.19, 94 A.3d 588 (2014); see also Hogan v. Dept. of Children & Families,
290 Conn. 545, 573, 964 A.2d 1213 (2009); Natasha B. v. Dept. of Children &
Families, 189 Conn. App. 398, 406, 207 A.3d 1101 (2019).
2
General Statutes § 17a-101k (c) (1) provides in relevant part: ‘‘Following
a request for appeal, the commissioner [of the department] or the commis-
sioner’s designee shall conduct an internal review of the recommended
finding to be completed no later than thirty days after the request for appeal
is received by the department. The commissioner or the commissioner’s
designee shall review all relevant information relating to the recommended
finding, to determine whether the recommended finding is factually or legally
deficient and ought to be reversed . . . .’’
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record to support the hearing officer’s findings that (1)
he had sexually abused a child and (2) his name should
be placed on the central registry by the department.3
We affirm the judgment of the trial court dismissing
the plaintiff’s administrative appeal.
The following facts, as found by the hearing officer,4
and procedural history are relevant to this appeal. In
March, 2022, the twenty-one year old plaintiff was
employed as a substitute teacher and an assistant to
the track coach at a public high school. The plaintiff
previously worked as a substitute teacher at a public
middle school. The principal of the middle school
became aware that a female student in that middle
school had interacted with the plaintiff on social media.
The middle school principal advised the plaintiff ‘‘to
make his social media private’’ and cautioned him
against this type of contact with students enrolled in
the middle school. The plaintiff denied knowing that
the person who had contacted him attended the middle
school where he worked.5
3
In his statement of issues, the plaintiff also claims that the trial court
‘‘erred in dismissing [his] appeal.’’ We need not address this claim separately,
as it is based on the plaintiff’s prevailing on either of his other claims.
4
We note that the hearing officer relied on the department’s Policy Manual
(policy manual) in issuing her written decision. Our Supreme Court has
stated: ‘‘Connecticut courts, including this court, have previously approved
of using the policy manual as a reference in the absence of guidance in the
relevant statutory provisions or regulations.’’ Frank v. Dept. of Children &
Families, 312 Conn. 393, 420, 94 A.3d 588 (2014). The policy manual is
available to the public on the department’s website at https://portal.ct.gov/
dcf/policy/legal/v12 (last visited March 7, 2025). See, e.g., id., 421 n.15. The
criteria for recommendation for placement on the central registry is set
forth in § 22-4, formerly § 34-2-8, of the policy manual. See Natasha B. v.
Dept. of Children & Families, 189 Conn. App. 398, 405 n.9, 207 A.3d 1101
(2019) (‘‘Effective January 2, 2019, the department has updated its policy
manual. The current version of the policy [for placement on the central
registry] may now be found in § 22-4.’’); see also Dept. of Children and
Families, Policy Manual § 22-4.
5
In her investigation protocol, the department’s social worker stated that
the middle school principal reported the following: ‘‘I had one time that I
understood [the plaintiff] responded to a girl who followed him on Instagram.
[The plaintiff] said hi to the student and followed the student back. When
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On March 25, 2022, the department received a report
of suspected abuse or neglect from a caller who had
received an email from a student reporting that some
student athletes at the high school were concerned that
the plaintiff ‘‘was exchanging social media messages
with female students.’’ Five days later, the department
received a second report about the plaintiff, this time
from the police, regarding concerns of an inappropriate
relationship between the plaintiff and another high
school student, A.6
The plaintiff had met A at the high school in the
course of his employment. He inquired if she was a
member of the senior class, but did not ask specifically
for her age.7 They discussed their mutual interest in
running. The two communicated on social media, where
the plaintiff told A that she ‘‘was pretty’’ and asked if
he could use her picture as the lock screen and wallpa-
per for his cell phone. In subsequent social media mes-
sages, the plaintiff told A that she was ‘‘super sweet
and very pretty [and that] on a serious note, you’re
literally the prettiest girl I’ve ever seen in the whole
entire world [with an emoji with heart eyes].’’ Addition-
ally, there was evidence before the hearing officer that
I asked him, [the plaintiff] denied knowing it was a student. [The plaintiff]
said he responded hi hoping to have the person tell him who it was. I told
[the plaintiff] that he can’t have contact on social media with students. I
told him it needed to be private if he was going to substitute in the building.’’
6
In view of this court’s policy of protecting the privacy interests of juve-
niles, we refer to the children who were the subjects of the department’s
investigation in this matter by initials. See Frank v. Dept. of Children &
Families, 312 Conn. 393, 396 n.1, 94 A.3d 588 (2014).
On February 28, 2023, the plaintiff, pursuant to Practice Book § 11-20A
(h), filed an ex parte motion for permission to use a pseudonym in this
administrative appeal. The trial court denied this motion on April 18, 2023.
7
General Statutes § 17a-93 provides in relevant part: ‘‘(1) ‘Child’ means
any person under eighteen years of age, except as otherwise specified, or
any person under twenty-one years of age who is in full-time attendance in
a secondary school, a technical school, a college or a state accredited job
training program . . . .’’
A informed the department social worker that she was seventeen years
old at the time of her interactions with the plaintiff.
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the plaintiff complimented A’s attire. A also stated that
the plaintiff would not stop staring at her when he
began working as a substitute teacher in her class while
also looking at other girls in the class; indicated that
she reminded him of a character on a television show;
inquired about her sibling, who was a student in the
middle school with whom he ‘‘played ball . . . at
recess’’; obtained her home address; and shared infor-
mation about his interests and ‘‘his vacation life . . . .’’
The plaintiff and A agreed to meet at a local shopping
plaza where the plaintiff was accompanied by his par-
ents. A and two others drove to the plaintiff’s location,
where he introduced A to his parents. A surmised that
the plaintiff had spoken to his parents about her, as
they inquired about her interest in nursing.
Two days later, the plaintiff and A met at a park,
where he attempted to teach her how to skateboard.
During this activity, the plaintiff held onto A’s hips to
assist her, and he helped her to get up after she fell.
Afterward, they sat on swings at the park and talked,
until a police officer informed them that the park was
closing. The plaintiff walked A to her car, where he
kissed her.
The high school principal subsequently became
aware of concerns regarding the relationship between
the plaintiff and A. Specifically, the high school princi-
pal learned that the plaintiff and A had communicated
with each other on social media and had met at the
park where they kissed. The plaintiff and A both con-
firmed these events to the principal, who then contacted
the police.
The department commenced an investigation into the
plaintiff’s conduct with students. A informed an investi-
gator that she felt as if the plaintiff was contacting her
‘‘obsessively’’ and that she felt pressured to kiss him
at the park. A reported that she blocked the plaintiff
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on social media after that incident and that she felt
awkward upon seeing him in school. Although the plain-
tiff never sent A any sexual content or mentioned sex
to her, she believed his intentions toward her were
‘‘obvious . . . .’’
After A ended her online communications with the
plaintiff on social media, he commented ‘‘cute’’ on the
social media site of another female student. This stu-
dent, D, replied that she thought the commentator was
the plaintiff, her substitute teacher, which he con-
firmed. D then informed the plaintiff that she was four-
teen years old. There was evidence that three middle
school students learned of this online interaction and
expressed their concerns to the middle school principal.
Additionally, these students informed the middle school
principal that they had heard from friends at the high
school that the plaintiff had kissed A. ‘‘The [middle
school] principal was familiar with the [plaintiff] and
immediately called the high school principal to make
sure that the [plaintiff] was removed from the building’’
and was informed that the plaintiff’s employment had
been terminated.
Following the completion of its investigation, the
department substantiated the allegations of sexual
abuse/exploitation8 by the plaintiff against A and placed
his name on the central registry. See General Statutes
§§ 17a-101g and 17a-101k. The plaintiff subsequently
8
Section 22-3 of the department’s policy manual (policy manual) that was
effective as of February 1, 2021, provides in relevant part: ‘‘Sexual abuse/
Exploitation is any incident involving a child(ren)’s non-accidental exposure
to sexual behavior. Evidence of sexual abuse includes, but is not limited
to the following . . . other verbal, written or physical behavior not overtly
sexual but likely designed to ‘groom’ a child for future sexual abuse.’’
(Emphasis added.) Dept. of Children and Families, Policy Manual § 22-3, p. 2.
The current version of § 22-3, effective as of April 12, 2023, contains
identical language. Unless otherwise noted, all references in this opinion to
§ 22-3 of the policy manual refer to the version effective as of February
1, 2021.
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requested an administrative hearing to appeal these
determinations.9 In accordance with this request, an
administrative hearing was held on January 9, 2023.
On January 19, 2023, the hearing officer issued her
written decision upholding the department’s decision
to substantiate the allegations of sexual abuse against
the plaintiff and to place his name on the central regis-
try. At the start of her analysis, the hearing officer
determined that the department established that the
plaintiff, as a substitute teacher who met A while she
was a student in his class, was a person given access
to A by a person responsible for her and entrusted with
A’s care for the purposes of education in accordance
with General Statutes § 17a-93 (15).10 She further con-
cluded that the plaintiff’s ‘‘considerable effort to
engage’’ A constituted grooming,11 that is ‘‘verbal, writ-
ten and physical behavior not overtly sexual, but likely
9
Section 17a-101k-6 (a) of the Regulations of Connecticut State Agencies
provides in relevant part: ‘‘Any person . . . who has been substantiated as
an individual responsible for child abuse or neglect [and] against whom a
registry finding is made . . . may request an administrative hearing to con-
test the department’s decisions.’’ See also General Statutes § 17a-101k (c)
and (d); Dept. of Children and Families, Policy Manual § 6-5, pp. 11—12.
10
General Statutes § 17a-93 (15) provides: ‘‘ ‘Person entrusted with the
care of a child or youth’ means a person given access to a child or youth
by a person responsible for the health, welfare or care of a child or youth
for the purpose of providing education, child care, counseling, spiritual
guidance, coaching, training, instruction, tutoring or mentoring of such child
or youth.’’ See also Regs., Conn. State Agencies § 17a-101k-1 (6); Dept. of
Children and Families, Policy Manual § 22-3, p. 1; see generally Frank v.
Dept. of Children & Families, 312 Conn. 393, 415, 94 A.3d 588 (2014).
11
In a recent decision, the United States District Court for the District of
New Mexico explained grooming as follows. ‘‘The two major commonalities
in the definitions reviewed as well as the empirical studies of grooming are
(a) some sort of inappropriate behavior on the part of the prospective abuser
(whether it is a bribe, boundary violation, invasion of privacy, misstatement
of morality, mischaracterizing an interaction as a ‘game,’ isolation, emotional
manipulation, etc.) and (b) the function of this inappropriate behavior is to
increase the likelihood that the adult can sexually abuse the child (by, for
example, gaining access to them, gaining their trust, silencing them, isolating
them, desensitizing them to nudity or sex, etc.). Each component of the
definition may have different topographies in individual cases (e.g., some-
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Daly v. Dept. of Children & Families

designed to lead to sexual behavior between an adult
teacher and a minor student. If the [plaintiff’s] intent
was not obvious during their preliminary conversations,
it became crystal clear when he kissed her at the park.
. . . The [plaintiff] deliberately sought out a romantic
relationship with a student and kissed her. This conduct
meets the [d]epartment’s operational definitions of sex-
ual abuse grooming . . . and supports the [d]epart-
ment’s decision to substantiate the [plaintiff] for sex-
ual abuse.’’
Next, the hearing officer addressed whether the plain-
tiff posed a risk to children and whether his name should
times the inappropriate behavior is removing a door to the child’s bedroom,
or sometimes it may be buying the child a bikini), but the function of the
behavior is to increase the likelihood of future abusive contact. [N.] Ben-
nett & [W.] O’Donohue, ‘The Construct of Grooming in Child Sexual Abuse:
Conceptual and Measurement Issues,’ 23 J. Child Sexual Abuse 957, 968
(2014).
‘‘Sexual grooming is the deceptive process used by sexual abusers to
facilitate sexual contact with a minor while simultaneously avoiding detec-
tion. Prior to the commission of the sexual abuse, the would-be sexual
abuser may select a victim, gain access to and isolate the minor, develop
trust with the minor and often their guardians, community, and youth-
serving institutions, and desensitize the minor to sexual content and physical
contact. . . . [G. Winters et al.], ‘Toward a Universal Definition of Child
Sexual Grooming,’ 43 Deviant Behavior 926, 933 (2022).’’ United States v.
Bindues, 741 F. Supp. 3d 967, 1008–1009 (D. N.M. 2024), appeal filed (10th
Cir. August 15, 2024) (No. 24-2117).
Furthermore, we note that the United States Court of Appeals for the
Sixth Circuit has stated that ‘‘courts have used the term [grooming] to
describe a variety of behaviors that appear calculated to prepare a child
for a future sexual encounter. See United States v. Gonyer, 761 F.3d 157,
167 (1st Cir. 2014) (taking minor on a trip, buying him gifts, and permitting
him to smoke cigarettes); United States v. Lee, 603 F.3d 904, 915 (11th Cir.
2010) (sending graphic photographs and promising gifts) . . . .’’ (Citation
omitted.) United States v. Fox, 600 Fed. Appx. 414, 419–20 (6th Cir. 2015);
see also United States v. Brand, 467 F. 3d 179, 203 (2d Cir. 2006) (sharing
pictures, flirting, and attempting to gain affection constitute classic grooming
behavior in preparation for future sexual encounter), cert. denied, 550 U.S.
926, 127 S. Ct. 2150, 167 L. Ed. 2d 878 (2007); see generally United States
v. Halamek, 5 F.4th 1081, 1088 (9th Cir. 2021) (expert testimony on grooming
demonstrated how seemingly innocent conduct could be part of seduction
technique).
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be placed on the central registry. ‘‘In making this deter-
mination, the [d]epartment must consider the intent of
the perpetrator, the severity of the conduct, chronicity
or pattern of behavior and the presence of substance
abuse or domestic violence.’’ With respect to the issue
of intent, the hearing officer stated that the plaintiff,
an adult with no apparent cognitive limitations, knew
or reasonably was expected to know, that a relationship
with A was prohibited and that such a relationship
was likely to have a detrimental impact on her. ‘‘Even
without specific training, the [plaintiff] had been cau-
tioned about his social media activities and the bound-
aries between teachers and students.’’ With respect to
the severity of the plaintiff’s actions, the hearing officer
disagreed with the assessment of the department’s
social worker who testified that A had not suffered
any significant impact or that the plaintiff’s conduct
displayed a serious disregard for A’s well-being. Instead,
the hearing officer concluded that sexual abuse perpe-
trated by a person entrusted with the care of a child
demonstrated a serious disregard for the child’s physi-
cal and emotional well-being. Finally, as to chronicity,
the hearing officer stated: ‘‘The record reveals that the
[plaintiff] engaged in inappropriate comments with
more than one student, and continued to do so even
after he was admonished against the practice by a
school principal. The record reveals a young man who
was singularly focused on finding a girlfriend, and he
used the female students at his place of employment
as his dating pool.’’
Ultimately, the hearing officer concluded that the
department satisfied its burden of proof12 and that the
12
See General Statutes § 17a-101k (d) (2) (‘‘[t]he burden of proof shall be
on the commissioner [of the department] to prove that the finding is sup-
ported by a fair preponderance of the evidence submitted at the hearing’’);
see also Natasha B. v. Dept. of Children & Families, 189 Conn. App. 398,
408–409, 207 A.3d 1101 (2019).
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plaintiff’s name properly was placed on the central reg-
istry. Specifically, the hearing officer stated: ‘‘The facts
of this case clearly meet the criteria for placement on
the [c]entral [r]egistry. The [plaintiff] engaged in groom-
ing behavior with a student in his class and kissed her.
As a person with sufficient education to be employed
as a substitute teacher, and with the warnings of his
prior principal, the [plaintiff] knew, or should have
known, that pursing a relationship with a student was
not only impermissible, but also demonstrated a serious
disregard for the student’s welfare. [A] should have
been able to trust that all of her teachers employed
at her school would keep her safe and free from the
pressures and expectations of an intimate relationship.
Finally, the [plaintiff’s] conduct was not an isolated
incident, but rather a pattern of behavior that the [plain-
tiff] followed in an attempt to find a relationship. The
behavior by the [plaintiff] is exactly the type of the
conduct that the [d]epartment’s [r]egistry was created
to prevent. The [plaintiff’s] failure to recognize how his
behavior might be perceived by a seventeen year old
girl, or that the consequences of his conduct might
cause chaos, rumor and suspicion amongst the other
students, reinforces the conclusion that the [plaintiff]
poses a risk to children such that his name should be
maintained on the [c]entral [r]egistry . . . .’’
On February 28, 2023, the plaintiff filed an administra-
tive appeal pursuant to General Statutes § 4-183,13 chal-
lenging the hearing officer’s decision to uphold the sub-
stantiation of sexual abuse and the placement of his
name on the central registry.14 On April 24, 2023, the
13
General Statutes § 4-183 (a) provides in relevant part: ‘‘A person who
has exhausted all administrative remedies available within the agency and
who is aggrieved by a final decision may appeal to the Superior Court as
provided in this section. . . . ’’
14
Section 17a-101k-11 (b) of the Regulations of Connecticut State Agencies
provides in relevant part: ‘‘Any individual found to be responsible for abuse
or neglect who is aggrieved by the final decision of the hearing officer may
appeal the final decision to the superior court in accordance with section
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Daly v. Dept. of Children & Families

plaintiff amended his appeal to the trial court. The court,
Hon. Henry S. Cohn, judge trial referee, heard argument
from the parties on October 11, 2023. On October 26,
2023, the court issued a memorandum of decision dis-
missing the plaintiff’s appeal. The trial court determined
that the hearing officer’s conclusions substantiating the
determination of sexual abuse for purpose of the central
registry and the decision to place the plaintiff’s name
on the central registry were supported by substantial
evidence. The plaintiff thereafter appealed to this court.
Additional facts will be set forth as necessary.
On appeal, the plaintiff claims that the court improp-
erly concluded that the findings of the hearing officer
substantiating the allegation of sexual abuse and plac-
ing his name on the central registry were supported by
substantial evidence in the record and, as a result, the
court improperly dismissed his administrative appeal.
We conclude that the court properly dismissed the
plaintiff’s appeal.
We begin by setting forth the standard of review and
legal principles relevant to the resolution of this appeal.
‘‘[J]udicial review of an administrative agency’s action
is governed by the Uniform Administrative Procedure
Act (UAPA), General Statutes § 4-166 et seq., and the
scope of that review is limited. . . . When reviewing
the trial court’s decision, we seek to determine whether
it comports with the [UAPA]. . . . [R]eview of an
administrative agency decision requires a court to deter-
mine whether there is substantial evidence in the admin-
istrative record to support the agency’s findings of basic
fact and whether the conclusions drawn from those
facts are reasonable. . . . Neither this court nor the
trial court may retry the case or substitute its own
4-183 of the Connecticut General Statutes. . . .’’ See also General Statutes
§ 17a-101k (e); Hogan v. Dept. of Children & Families, 290 Conn. 545, 556,
964 A.2d 1213 (2009).
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judgment for that of the administrative agency on
the weight of the evidence or questions of fact. . . .
Conclusions of law reached by the administrative
agency must stand if . . . they resulted from a correct
application of the law to the facts found and could
reasonably and logically follow from such facts. . . .
The court’s ultimate duty is only to decide whether,
in light of the evidence, the [agency] has acted unrea-
sonably, arbitrarily, illegally, or in abuse of [its] dis-
cretion.’’ (Emphasis added; internal quotation marks
omitted). Natasha B. v. Dept. of Children & Families,
189 Conn. App. 398, 403–404, 207 A.3d 1101 (2019); see
also Frank v. Dept. of Children & Families, 312 Conn.
393, 402–403, 94 A.3d 588 (2014); Commission on
Human Rights & Opportunities v. Dance Right, LLC,
230 Conn. App. 53, 72, 329 A.3d 1008 (2025); F.M. v.
Commissioner of Children & Families, 143 Conn. App.
454, 474–75, 72 A.3d 1095 (2013).

‘‘The substantial evidence rule imposes an important
limitation on the power of the courts to overturn a
decision of an administrative agency . . . . It is funda-
mental that a plaintiff has the burden of proving that
the [C]ommissioner [of Children and Families], on the
facts before [her], acted contrary to law and in abuse
of [her] discretion . . . . The law is also well estab-
lished that if the decision of the commissioner is reason-
ably supported by the evidence it must be sustained.
. . . Furthermore, § 4-183 (j) provides in relevant part
that [t]he court shall not substitute its judgment for
that of the agency as to the weight of the evidence on
questions of fact . . . . The reviewing court must take
into account contradictory evidence in the record . . .
but the possibility of drawing two inconsistent conclu-
sions from the evidence does not prevent an adminis-
trative agency’s finding from being supported by sub-
stantial evidence . . . .’’ (Citations omitted; emphasis
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Daly v. Dept. of Children & Families

added; internal quotation marks omitted.) L. D. v. Com-
missioner of Children & Families, 217 Conn. App. 150,
164, 287 A.3d 617 (2022); see also Frank v. Dept. of
Children & Families, supra, 312 Conn. 403; 1st Alliance
Lending, LLC v. Dept. of Banking, 229 Conn. App. 664,
684, 328 A.3d 681 (2024); see generally Cohen v. Dept.
of Energy & Environmental Protection, 215 Conn. App.
767, 791–92, 285 A.3d 760 (substantial evidence stan-
dard is highly deferential and permits less judicial scru-
tiny than clearly erroneous or weight of evidence stan-
dards of review), cert. denied, 345 Conn. 968, 285 A.3d
1126 (2022), and cert. denied, 345 Conn. 969, 285 A.3d
737 (2022).
Next, we set forth the relevant statutory language.
‘‘The [central] registry scheme is codified in two sec-
tions that work in tandem: General Statutes §§ 17a-101g
and 17a-101k. Section 17a-101g sets forth the [depart-
ment’s] responsibilities upon receiving a report of abuse
or neglect of a child: classification; evaluation; investi-
gation; and determination of whether abuse or neglect
has occurred. General Statutes § 17a-101g (a) and (b).
The statute directs that: [i]f the [C]ommissioner of [Chil-
dren and Families (commissioner)] determines that
abuse or neglect has occurred, the commissioner shall
also determine whether: (1) [t]here is an identifiable
person responsible for such abuse or neglect; and (2)
such identifiable person poses a risk to the health,
safety, or well-being of children and should be recom-
mended by the commissioner for placement on the [cen-
tral registry] established pursuant to section 17a-101k.
General Statutes § 17a-101g (b). The [department] is
directed under § 17a-101k (i) to adopt regulations to
implement the provision of that statute. . . . In accor-
dance with § 17a-101k (i), the department promulgated
regulations to implement the central registry.’’ (Citation
omitted; internal quotation marks omitted.) Natasha B.
v. Dept. of Children & Families, supra, 189 Conn. App.
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404; see also Hogan v. Dept. of Children & Families,
supra, 290 Conn. 568–70.
Additionally, we turn to the relevant regulations and
the department’s policy manual. Section 17a-101k-1 (4)
of the Regulations of Connecticut State Agencies incor-
porates ‘‘sexual abuse’’ into the definition of child abuse
for purposes of inclusion on the central registry.15 See
also Dept. of Children and Families, Policy Manual § 22-
3, p. 2. The policy manual provides: ‘‘Evidence of sexual
abuse includes . . . verbal, written or physical behav-
ior not overtly sexual but likely designed to ‘groom’ a
child for future sexual abuse.’’ Id.
In the present case, the hearing officer found that the
plaintiff met A while employed as a substitute teacher
in the high school she attended. After discussing their
mutual interest in running, the plaintiff initiated com-
munications with A on social media.16 The plaintiff
repeatedly commented that A was ‘‘pretty’’ and asked
to use her photograph as a background and lock screen
on his cell phone. He described A as ‘‘super sweet’’ and
sent her an ‘‘emoji with heart eyes.’’ The two agreed to
meet at a local plaza, where the plaintiff introduced A
to his parents, who had been made aware of A and her
interests. The plaintiff and A subsequently met at a park
where he attempted to teach her how to skateboard.
During this interaction, the plaintiff physically touched
A by placing his hand on her hips to steady her on the
skateboard and helped up her when she fell. After sitting
together on a swing set, the plaintiff walked A to her
car and then kissed her on the lips.
15
Specifically, § 17a-101k-1 (4) of the Regulations of Connecticut State
Agencies provides in relevant part: ‘‘ ‘Reports of child abuse or neglect’ or
‘referrals’ means complaints received by the department alleging that a
person under the age of eighteen . . . is in a condition that is the result of
maltreatment such as . . . sexual abuse . . . .’’
16
There was evidence in the record that the plaintiff sought out A on
social media.
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The hearing officer concluded that, ‘‘[d]espite the
differences in their circumstances and standing,’’ the
plaintiff ‘‘made considerable efforts to engage [A] . . .
Had the [plaintiff] been a boy in [A’s] class, it could
be said that he was wooing her. But he was not a boy
in her class, he was a teacher, and this was grooming
behavior.’’ (Emphasis added.) A described the plaintiff
as ‘‘manipulative, and said that she knew what his intent
was, even if he never discussed sex or implied anything
sexual.’’ Ultimately, the hearing officer concluded that
the plaintiff ‘‘deliberately sought out a romantic rela-
tionship with a student and kissed her. This conduct
meets the [d]epartment’s operational [definition] of sex-
ual abuse grooming . . . .’’ In dismissing the plaintiff’s
appeal, the trial court concluded that the determination
by the hearing officer that the plaintiff had sexually
abused A for purposes of the central registry was sup-
ported by substantial evidence. Specifically, the court
stated: ‘‘The court . . . agrees with the hearing offi-
cer’s application of the uncontested facts in the protocol
to the conclusion regarding substantiation. As the hear-
ing officer properly concluded, the plaintiff was not
merely a fellow student. He was a teacher at the school.
He took steps that were unwelcomed by the child to
seek her to become involved in sexual behavior.’’

The plaintiff does not challenge the factual findings
made by the hearing officer. Instead, he emphasizes
the hearing officer’s finding that the kiss between the
plaintiff and A was ‘‘ ‘not overtly sexual.’ ’’ He further
contends that the ‘‘record is completely devoid of any
sexual references made by the plaintiff. In fact, [A]
commented that the plaintiff never mentioned anything
sexual in nature.’’ Finally, the plaintiff asserts that there
was no evidence that he exerted control or attempted
to gain control over A, and, therefore, the hearing officer
improperly concluded that he had sexually abused A
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for purposes of including his name on the central regis-
try. For these reasons, he contends that the hearing
officer improperly determined that he had abused A.
We disagree with the plaintiff’s contentions.
First, we emphasize that, contrary to the argument
of the plaintiff, the department’s definition of grooming
does not include an element of control. Rather, our
careful review of the plaintiff’s brief to this court leads
us to conclude that he has imported that element of
control from the department’s definition of fondling,
which is a separate and distinct means of sexual abuse.
Section 22-3 of the policy manual provides in relevant
part: ‘‘Evidence of sexual abuse includes, but is not
limited to the following . . . fondling, including kiss-
ing, for the purpose of sexual gratification of the
offender, or the purposes of shaming, humiliating,
shocking or exerting control over the victim . . . .’’
Policy Manual, supra, § 22-3, p. 2.
We acknowledge that the hearing officer made an
isolated reference to ‘‘fondling’’ as a basis to support
the substantiation of sexual abuse. Nevertheless, a
review of her decision in toto reveals that the primary
reason to substantiate the plaintiff for sexual abuse was
for grooming.17 We emphasize that the department’s
definition of grooming does not contain a requirement
that the perpetrator act with a purpose of sexual gratifi-
cation or to exert control, or an attempt to do so. Fur-
ther, contrary to the argument of the plaintiff, the find-
ing that the kiss between the plaintiff and A was not
‘‘ ‘overtly sexual’ ’’ does not preclude a conclusion that
his conduct constituted grooming. As such, the plain-
tiff’s conduct toward A, including his numerous social
17
See generally Lazar v. Ganim, 334 Conn. 73, 97–98, 220 A.3d 18 (2019)
(although court made isolated reference to ‘‘the result of the primary would
have been different’’ standard, it was clear from reading of decision in its
entirety that it understood and applied proper ‘‘might have been differ-
ent’’ standard).
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media interactions, his compliments on her clothing
and physical appearance, his plan to use her photograph
as his background on his cell phone, his physical con-
tact with her while teaching her skateboarding, his
meeting with her outside of school on several occa-
sions, and his initiating a kiss, constitutes substantial
evidence in the record to support the hearing officer’s
determination that sexual abuse via grooming occurred.
The record amply supports the determination by the
hearing officer that the plaintiff sexually abused A. See
Frank v. Dept. of Children & Families, supra, 312 Conn.
402. We are mindful of our limited review pursuant to
§ 4-183, that we may not retry the matter or substitute
our judgment for that of the hearing officer on the
weight of the evidence or questions of fact, and that
our ultimate duty is to determine whether the hearing
officer, in issuing her order, acted unreasonably, arbi-
trarily, illegally or in an abuse of her discretion in view
of all of the evidence. Hogan v. Dept. of Children &
Families, supra, 290 Conn. 560–61. Applying this stan-
dard, we conclude that the findings and conclusion of
the hearing officer upholding the substantiation of the
allegations of sexual abuse with respect to A were sup-
ported by substantial evidence, and therefore the trial
court properly rejected his claim to the contrary.
The plaintiff also contends that the court improperly
determined that there was substantial evidence in the
record to support the decision to place his name on
the central registry. Specifically, he argues that none of
the applicable factors, intent, severity, and chronicity,
supported the department’s decision to place his name
on the central registry. We disagree.
Section 22-4 of the policy manual18 ‘‘requires the
department to make a separate finding as to whether
18
Under the heading ‘‘Policy,’’ § 22-4 of the policy manual provides: ‘‘In
all cases in which the [d]epartment substantiates abuse or neglect by an
identified perpetrator, the investigator in conjunction with his supervisor
shall review the case for a determination of whether the perpetrator poses
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a person responsible for child abuse or neglect poses
a risk to children, and if so, whether the person’s name
should be placed on the central registry. In making
that determination, the department must consider the
responsible person’s intent, the severity of the impact
on the children, [and] the chronicity of the . . . con-
duct . . . .’’ F.M. v. Commissioner of Children & Fam-
ilies, supra, 143 Conn. App. 463–64; see also L. D. v.
Commissioner of Children & Families, supra, 217 Conn.
App. 159; see generally Policy Manual, supra, § 22-4.
The presence of all three factors, intent, severity, and
chronicity, is not required to place a person’s name on
the central registry. Natasha B. v. Dept. of Children &
Families, supra, 189 Conn. App. 405 n.10 (‘‘department
policy manual . . . clarifies that intent, severity, and
chronicity do not all have to be found’’ to include person
on central registry); see also Policy Manual, supra, § 22-
4, p. 1 (‘‘[y]ou do not have to have all three elements
to justify placement on the central registry’’).
In F.M. v. Commissioner of Children & Families,
supra, 143 Conn. App. 454, we stated: ‘‘The intent factor
focuses on whether the plaintiff had sufficient knowl-
edge and resources, the ability to utilize them, and an
understanding of the implications of failing to provide
appropriate care . . . but that he made a conscious
decision not to do so.’’ Id., 464; see also Policy Manual,
supra, § 22-4, p. 1 (in determining intent factor, depart-
ment may also consider whether plaintiff intended to
cause harm; whether there was documentation of cru-
elty by plaintiff, and whether plaintiff reasonably would
a risk to health, safety and well-being of children and make a determination
as to whether the perpetrator should be recommended for placement on
the [d]epartment’s [c]entral [r]egistry. In every case, [d]epartment staff shall
engage in an analysis as to the person’s intent, the severity of the impact
to the child, the chronicity of neglectful conduct and the involvement of
substance abuse or intimate partner violence in the abuse or neglect to
determine whether or not the person poses a risk to children.’’ Policy Manual,
supra, § 22-4, p. 1. The present matter does not involve substance abuse or
intimate partner violence.
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have been expected to know that his acts or statement
would be detrimental to child’s health, safety, or
well-being).
In addressing the intent factor, the hearing officer
stated: ‘‘The [plaintiff] . . . is an adult with no apparent
cognitive limitations. At the time of the incident, the
[plaintiff] was working as a substitute teacher in a local
high school. He knew, or was reasonably expected to
know, that a relationship between a teacher and a stu-
dent was prohibited conduct and was likely to have a
detrimental impact on the student. Even without spe-
cific training, the [plaintiff] had been cautioned about
his social media activities and the boundaries between
teachers and students. Nevertheless, the [plaintiff] pur-
sued a relationship with his student and kissed her.’’
The trial court similarly observed that ‘‘the plaintiff was
aware that he could not exceed the boundaries between
him and a student.’’
On appeal, the plaintiff contends that he, as a twenty-
one year old, cannot be considered an adult because
‘‘male brains don’t mature under twenty-five years of
age . . . .’’ In support of this contention, he directs us
to the admission by the department’s investigator that
she was aware of studies to this effect. The hearing
officer, however, was not required to credit or rely on
that evidence. See Pizzo v. Commissioner of Motor
Vehicles, 62 Conn. App. 571, 578, 771 A.2d 273 (2001)
(credibility of witnesses and determination of factual
issues are matters within province of hearing officer).
Additionally, the plaintiff’s contention ignores the other
evidence in the record that supports the hearing offi-
cer’s determination of intent to support placing the
plaintiff’s name on the central registry. The hearing officer
heard testimony from the department social worker
that it was reasonable to expect that the plaintiff, as a
substitute teacher in a position of authority over stu-
dents, would know that he should not engage in a
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romantic relationship with students such as A. Further-
more, his inappropriate conduct, described by the hear-
ing officer as ‘‘wooing’’ A, occurred after he had been
warned about maintaining boundaries with students by
the principal at the middle school, including direction
to avoid contact with students on social media. Mindful
of our deferential standard of review, we conclude that
the hearing officer’s determination that the department
had satisfied the intent criterion for placement on the
central registry was supported by substantial evidence
under the facts and circumstances of this case.
In addressing the severity factor, the hearing officer
stated that there must be a determination of whether
‘‘there was a serious adverse impact to the victim, or
a serious disregard for [her] welfare.’’19 The hearing
officer rejected the testimony of the department’s social
worker that there had not been any significant impact
to A as a result of the plaintiff’s conduct or that his
conduct failed to demonstrate a serious disregard for
her well-being. The hearing officer determined: ‘‘There
are certain boundaries and behavior norms that are
expected between students and teachers. When these
are violated, there is an inherent risk of trust issues
that may be triggered in the victim, even if this response
is not immediate or tangible. Adult sexual behavior,
even if limited to grooming and kissing, is a violation
of the trust between a teacher, who is entrusted with
19
Section 22-4 of the policy manual sets forth the following questions to
consider with respect to the severity criteria for placement on the central
registry: ‘‘Regardless of intent, would the perpetrator have been reasonabl[y]
expected to know that his/her actions had a high likelihood of resulting
in serious injury to the victim? Did the abuse result in death; rendering
unconscious; concussion; internal head injury; lasting physical impairment
of the normal functioning of the child; or from the perspective of qualified
medical personnel, the necessity for immediate medical attention for the
victim? Is the impact on the child likely to be of lasting duration? If no impact,
was there serious disregard for the child’s well-being?’’ Policy Manual, supra,
§ 22-4, p. 2.
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the student’s care and well-being, and the student. Fur-
ther, the consequences of the relationship in terms of
peer response also supports the conclusion that the
[plaintiff] seriously disregarded [A’s] well-being.’’ In dis-
missing the plaintiff’s appeal, the trial court noted that
the plaintiff caused harm to A’s ‘‘emotional status
. . . .’’

As we stated previously, the hearing officer was free
to reject some of the testimony of the department’s
social worker. Pizzo v. Commissioner of Motor Vehi-
cles, supra, 62 Conn. App. 578. The social worker also
testified that A was impacted negatively in that she
‘‘felt uncomfortable and pressured and that it was an
awkward and weird relationship to be participating in.’’
A told the department social worker that the plaintiff
had contacted her via text messages and social media.
She felt some pressure to kiss him at the park, and she
spent time with him just ‘‘to shut him up.’’ She also
concluded that his behavior was ‘‘manipulative.’’ Finally,
A became the subject of rumor and gossip among the
students at two schools.

It is significant that the plaintiff’s conduct and interac-
tions with A occurred in the context of his employment
as a substitute teacher at A’s high school. In a somewhat
analogous situation, our Supreme Court stated: ‘‘The
plaintiff, as [a] teacher, was placed into a unique posi-
tion to have an impact on [the student’s] life. A young
person’s experience at school shapes his or her identity.
School is where our youths learn about the world, how
to interact with one another, how to work together,
and how to form ties with people inside of a community
infused with many cultures.’’ Frank v. Commissioner
of Children & Families, supra, 312 Conn. 425. In the
present case, the plaintiff used his position as a teacher
in a manner that impacted A’s life negatively. On the
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basis of the evidence, the hearing officer properly deter-
mined that the plaintiff’s conduct toward A demon-
strated a serious disregard for her well-being. Given
the facts and circumstances of this case, the hearing
officer’s determination that the department had satis-
fied the severity criterion for placement on the central
registry was supported by substantial evidence.
In addressing the chronicity factor, the hearing offi-
cer stated that ‘‘the [d]epartment reviews whether there
was a pattern or chronic nature to the neglect regardless
of the measurable impact to the victim.’’20 In determin-
ing that this criterion supported placing the plaintiff on
the central registry, the hearing officer found that he
had made ‘‘inappropriate comments’’ to additional stu-
dents near the time of his interactions with A that dem-
onstrated a pattern where he exploited his position to
try to obtain a girlfriend. See, e.g., F.M. v. Dept. of
Children & Families, supra, 143 Conn. App. 465.
There was evidence of multiple incidents of the plain-
tiff’s improper conduct with students. First, the plain-
tiff, after an interaction online with a middle school
student, was warned by the principal at that school
against engaging in such behavior and instructed to
make his social media ‘‘private.’’ Despite this directive,
the plaintiff engaged in online communications with A,
which in turn led to meeting her outside of school on
two separate occasions, culminating with his kissing
her. After A blocked him, she described the plaintiff
as ‘‘desperate to find someone else.’’ Thereafter, the
20
Section 22-4 of the policy manual sets forth the following questions to
consider with respect to the chronicity criteria for placement on the central
registry: ‘‘Was this an isolated incident? If not, how often has it occurred,
and over what period of time? Was there a pattern or chronic nature to the
neglect or abuse regardless of the measurable impact to the victim? Was
there a previous substantiation of neglect or abuse by this perpetrator and
was the prior substantiation for an incident or conduct related to the current
substantiation?’’ Policy Manual, supra, § 22-4, p. 2.
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department received information from an anonymous
caller that the plaintiff had contacted ‘‘some of the
female students’’ of the school on social media. The
anonymous caller identified one student in particular,
a fourteen year old girl, D. The principal of the high
school also told the department’s social worker that
rumors had been circulating regarding the plaintiff’s
contacts with students, although he was unable to pro-
vide any additional details. The mother of D stated to
the department social worker that the plaintiff must
have searched for D on social media or had a contact
in common with D, the plaintiff told D where he lived,
and he commented online that D was ‘‘cute.’’ D’s mother
further reported to the department social worker that
D had stated that the plaintiff ‘‘was posting on social
media pictures of himself wearing [a school employee]
badge and talking about how he smokes marijuana.’’
After the plaintiff learned that D was only fourteen
years old, he wrote ‘‘RIP’’ on her social media, which
meant ‘‘dead’’ according to D. D’s mother expressed
her concern that the plaintiff would retaliate against
her daughter.
Given this record, we conclude that the hearing offi-
cer’s determination of chronicity was based on substan-
tial evidence. We iterate that the hearing officer deter-
mined that ‘‘[t]he record reveals that the [plaintiff]
engaged in inappropriate comments with more than
one student, and continued to do so even after he was
admonished against this practice by a school principal.
. . . [The plaintiff] used the female students at his place
of employment as his dating pool . . . [and his] con-
duct was not an isolated incident, but rather a pattern
of behavior that [the plaintiff] followed in an attempt
to find a relationship.’’ Furthermore, we emphasize that
it is not our role to second-guess the factual findings
and discretionary decisions of the department’s hearing
officer. L. D. v. Commissioner of Children & Families,
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supra, 217 Conn. App. 170–71. Thus, although it is not
necessary to do so, the department presented evidence
that supported the hearing officer’s finding of all three
factors, intent, severity, and chronicity. Those findings
supported placing the plaintiff’s name on the central
registry. On the basis of the foregoing, we conclude
that the court properly determined that the hearing
officer did not act unreasonably, arbitrarily, illegally,
or in abuse of her discretion in upholding the decision
placing the plaintiff’s name on the central registry.
Accordingly, the court properly dismissed the plaintiff’s
administrative appeal.
The judgment is affirmed.
In this opinion the other judges concurred.