Shilvock-Cinefro v. The Department of Children and Family Services

Contrary to Abused and Neglected Child Reporting Act, ALJ made no finding that agency proved by preponderance of evidence that mother's restraint of her adopted deaf child, while transporting her to hospital, created substantial risk of physical injury likely to cause death or severe injury. Thus, agency failed to show that abuse occurred under the Act. Court improperly denied Plaintiff's request for expungement of indicated report of abuse. Finding that allegation of harm is proven cannot be sufficient on its own to find abuse. (BIRKETT and SPENCE, concurring.)