Opinion
SUCV2014-00154-B
06-04-2015
Crystal M. Gorman v. Department of Children and Families Opinion No. 130569
MEMORANDUM OF DECISION AND ORDER
DENNIS J. CURRAN, Associate Justice.
Crystal Gorman has appealed a decision made under G.L.c. 119, sections 51A and 51B by the Department of Children and Families that she neglected her five-year-old son, Christopher. The Department had determined, after a hearing, inter alia, that Ms. Gorman drank heavily while caring for her son, often to the point of blacking out.
Ms. Gorman has appealed that decision and the matter is presently before me on her motion for judgment on the pleadings.
DISCUSSION
The Department makes much of the failure of the previously pro se Ms. Gorman to order and file a transcript of the Department hearing. In the interest of justice and distinct to this case, however, the Court treats such a failure as not fatal, so that the parties may have a decision on the merits of Ms. Gorman's appeal and understand the court's reasons for its decision.
We start with Ms. Gorman's counsel's written submissions. They are compelling and poignant. Counsel has filed three impressive letters attesting to Ms. Gorman's character: the first letter contradicts the Department's conclusion, and states instead that Ms. Gorman is indeed a " good role model"; the second states that Ms. Gorman was a positive influence on the writer's own six-year-old daughter's life; and the third letter, from a Boston police officer--who himself is, by law, a mandated reporter--also firmly opposes the Department's position:
In my line of work [ ], I've seen people in situations who have needed the aid, guidance or assistance of DCF and she [Ms. Gorman] clearly is not one of them. I've seen how Crystal is with her young son, she is caring and lovable, and provides him with everything possible.
During the Department's investigation, Ms. Gorman admitted that her husband was physically and emotionally abusive toward her on a daily basis, that her five-year-old son witnessed this abuse, and indeed, that the little boy was the target of the father's physical abuse. Critically, Mrs. Gorman also admitted that she drinks heavily at night when alone, caring for her son, and suffers alcohol-induced blackouts. Later, however, at the Department's hearing, Ms. Gorman retreated from these admissions, denied that she ever made them, and maintained that her alcohol use was only social, and did not occur when she was alone and cared for her little boy.
This case rises or falls on credibility. Obviously, this Court is compelled to accept credibility determinations made by the administrative agency, and follows the law in that regard. See McCarthy v. Contributory Retirement Board, 342 Mass. 45, 49, 172 N.E.2d 120 (1964), and Martin v. Director of Employment Security, 347 Mass. 264, 268, 197 N.E.2d 594 (1964).
But the Court offers the following additional reasons why the Department's findings are likely correct.
Reduced to its essence, the critical question is whether the earlier admissions allegedly made by Ms. Gorman are more reflective of the truth than her later blanket denials at the hearing. At least two reasons lead this court to believe the earlier admissions: first, they are closer in time to the events complained of and before the legal process became formalized. Second, the specificity of detail of those earlier admissions mirror those made by the person who reported the abuse, thus underscoring the likelihood of Mr. Gorman's earlier statements more accurately reflecting the truth.
But there is likely a third factor at work here. Putting to one side the issue of the husband's violence, we must consider the issue of Crystal Gorman's alcohol dependency. She is a single mother, raising a young son alone. She has been emotionally neglected; worse, she has been abandoned. Her admission to the reporter that she works full-time, attends school, and cares for her son fall in line with her initial confession that she drinks to " alleviate her stress and [feeling of being] overwhelm[ed]." Such responsibility, emotional abuse and neglect can obviously lead to depression and in turn, alcohol abuse. Indeed, it would take an especially emotionally strong individual to withstand such pressures of life. That Ms. Gorman fell short--given her struggles--is not surprising.
Alcoholism to the point of blackout is a severe condition. It can also be episodic, triggered by a particular event in a particular day. That the three character references appear unaware of Ms. Gorman's medical condition can hardly be surprising.
It is not unusual that the alcoholic often drinks in secret, in private, and in darkness. It is often only when this insidious disease is exposed to the light of day that family members--and others--discover its gravity and the deterioration of the human condition.
Crystal Gorman is not alone; her struggle may seem solitary, but help by caring and decent professionals can break the self-destructive pattern of behavior. Denial is--legally and emotionally--not the answer. The first step is an admission that she is powerless over her dependence on alcohol. The other steps--and progress--may likely follow.
Ms. Gorman may wish to look at the presence of the DCF in her life as an opportunity to gain the emotional and physical support she lacks from her husband. Undoubtedly, she presently views DCF as a burden, but their services may well benefit her and her special needs son.
Turning to the legal issue, the Department's decision is upheld, but in so ruling, the court accepts as truthful the three loving and supportive statements made on behalf of Ms. Gorman. Crystal Gorman is convincingly, a loving and supportive mother, but she--like many others--has a problem. That problem must be addressed, for her sake and that of her little boy, Christopher.
ORDER
The plaintiff's motion for judgment on the pleadings is DENIED; judgment shall enter for the defendant Department of Children and Families.