In the Matter of the Maltreatment Determination of Amanda Restorff and the Order to Pay a Fine and Order Of…

Summary

The court reversed the maltreatment determination because the Commissioner improperly treated a child's ability to wander away as conclusive proof that the caregiver failed to provide necessary supervision. The court held that the statute requires a fact-specific assessment of whether the caregiver created and executed an appropriate supervision plan, considering the listed circumstances, and remanded for additional findings concerning the duration of the caregiver's absence and a revised agency decision. Hudson, dissenting, would have affirmed because the record substantially supported the Commissioner's determination that the supervision was inadequate.