Ms Maria Cupo

640 Mechanic Street

Leominster, MA 01453

To: The Fair Hearing Officer, Anne Dale, Esq.

Department of Social Service                               Hearing #20021600

24 Farnsworth Street                                          Date: January 10, 2002

Boston, MA 02210

Hand delivered

Notice is hereby given, pursuant to CMR10.05: that the above named Aggrieved Party is requesting reversal of supported finding in case #2338198

We seek an immediate reversal of finding in case #2338198 in accordance with 110 CMR 10:05 (1) Decision was not in conformity with its policies and /or regulation which read

S C R E E N I N G S, I N V E S T I G A T I O N S & S E R V I C E S All reports of abuse and neglect that we receive are processed by trained social workers. They examine whether or not there is reason to believe a child has been hurt or neglected, based on the information they have been given. If there is not sufficient evidence of abuse or neglect, the report is screened out. If the report is screened in, a social worker is assigned to investigate. (http://www.state.ma.us/dss/ChildAbuse/CAN_Screenings.htm)

Information clearly states on page 6 of section of 51B investigation Report screened out.

Report Screened out.  The concerns stated in report are alleged violations that involve the administration duties of the Daycare Director.  The Office of child Care Services is the appropriate agency to follow up on this information

Scott Scholefield        Director Special       Ana M Aguiar                 08/12/02

Marilyne E. Crowley    Supervisor               Marilyne E. Crowley       08/12/02

Marcia Graves Roddy   Area Program          Scott Scholefield            08/12/02 

We also seek a reversal on the grounds that 110 CMR 10:05 (2)

That the investigation of an screened out 51A illustrates the department acted in an unreasonable manner which resulted in substantial prejudice against the aggrieved party.

The delay in filing of a 51A of an incident in April 2002, which is listed in OCCS Lazu report as being available On July 31, 2002. Further stated is the timing of the filing of this 51A, which coincides with the day the parents at Picollo held first rally in support of Maria August 12, 2002. (see newspaper articles )

These actions would violate Department policy and in violation of 110CMR 10:06 (9)(a) 2.

We further attest violation of 110CMR 10:06 (1) a:

51A was filed to prejudice the finding against Maria Cupo due to the know fact that XXXXX XXXX was not located in the hallway when the Police office R Gallant passed threw.

See: attached a statement by Teacher XXXXX XXXXXX

The aggrieved Party asks that this document be treated as a continuing request through the completion of Fair Hearing

January 10, 2003

Maria Cupo