Oglesby v. The Department of Chldren and Family Services

Police officer responded to request for assistance with seven-year-old student, who was behavior-disordered and acting out of control at elementary school. ALJ failed to apply the Abused and Neglected Child Reporting Act, as ALJ made no findings that DCFS had proved by a preponderance of evidence that officer's actions against student created substantial risk of physical injury, by other than accidental means, likely to cause death, disfigurement, impairment of physical or emotional health, or loss of impairment of any bodily function. Child was in need of restraint as school staff had restrained him for 30 minutes prior to officer picking child up by front of his jacket and pinning him against the wall, and child continued to act out afterward. No witnesses believed that officer intended to hurt child. (APPLETON and STEIGMANN, concurring.)