Opinion
2012-05-23
Nicholas FRANK v. DEPARTMENT OF CHILDREN AND FAMILIES.
John E. Tucker and Benjamin Zivyon, assistant attorney's general, Gregory T. D'Auria, solicitor general, and George Jepsen, attorney general, in support of the petition. John R. Williams, New Haven, in opposition.
John E. Tucker and Benjamin Zivyon, assistant attorney's general, Gregory T. D'Auria, solicitor general, and George Jepsen, attorney general, in support of the petition. John R. Williams, New Haven, in opposition.
The defendant's petition for certification for appeal from the Appellate Court, 134 Conn.App. 288, 37 A.3d 834, is granted, limited to the following issues:
“1. Did the Appellate Court properly reverse the judgment of the trial court or did it fail to properly credit the findings of the hearing officer?
“2. If the answer to the first question is in the affirmative, did the Appellate Court properly determine that General Statutes § 46b–120(3) is unconstitutionally vague as applied to the plaintiff's conduct in the classroom regarding one of his students, because the plaintiff could not have been on notice that his behavior could be considered ‘emotional abuse’ as defined by the defendant's regulations?”