Lindsay v. Department of Social Services

Adele Lindsay, the owner and director of a day care center, sought judicial review of the decision of the Department of Social Services (department) to “support” an allegation that a child had suffered “neglect” at that center. See G. L. c. 119, § 5IB; 110 Code Mass. Regs. § 4.32 (2000). A judge in the Superior Court affirmed the department’s decision, and the present appeal followed. We transferred the case to this court on our own motion. On appeal, Lindsay raises three arguments: (1) that an allegation of neglect cannot be supported unless the neglect has actually caused the child to…