An accusation of child abuse or neglect can have a serious impact on all aspects of an individual's life. When those charges against them are substantiated, which means New Jersey has evidence that abuse or neglect did occur, an individual faces even more severe repercussions.
A substantiated claim will put a person on New Jersey's child abuse registry. It can affect a person's ability to keep or get a job. It can affect their custody rights, to say nothing of potentially negatively impacting their reputation and relationships.
Investigations into child abuse and neglect are civil, not criminal, matters in New Jersey. Some accused individuals, however, may face criminal charges in addition to the investigation. DCP&P investigations are not about guilt or punishment but instead about ensuring children are safe.
Protecting children from abuse or neglect is important. Unfortunately, investigations may be incomplete or fail to consider additional evidence or other mitigating factors. Such investigations do nothing to protect children but can have serious repercussions on accused adults.
A substantiated finding against you is serious. If you're facing a child abuse or neglect accusation or if you've had a substantiated finding against you, you need help. The Lento Law Firm Criminal Defense Team works with individuals throughout New Jersey who are dealing with claims of child abuse or neglect. Contact us using this form or by calling us at 888-535-3686.
Four-Tier System
New Jersey uses a four-tier system for categorizing abuse and neglect allegations. In New Jersey, the four tiers are:
- Substantiated
- Established
- Not Established
- Unfounded
When the New Jersey Division of Child Protection and Permanency (DCP&P) investigates a report of child abuse or neglect, they will reach a conclusion about the likelihood of the claim, which will fall under one of these four tiers. A substantiated claim is the most serious of the four tiers.
Unfounded means that an investigation found no evidence of child abuse or neglect. An unfounded finding won't be added to the Child Abuse Record Information (CARI), New Jersey's child abuse registry, and individuals may be able to petition for the record to be expunged.
When a finding is not established, it means that evidence suggests a child was put at harm or at risk, but there is insufficient evidence to establish abuse or neglect. Not established findings haven't been added to CARI but will be kept in DCP&P records.
For established findings, evidence indicates a child was abused or neglected. However, the facts of the case establish mitigating circumstances or otherwise suggest a substantiated finding is unnecessary. Established findings are maintained in DCP&P records but haven't been added to CARI.
What is a Substantiated Finding?
A substantiated finding is the most severe of the four tiers. When DCP&P marks a case as substantiated, it means they have sufficient evidence to show that child abuse or neglect occurred. In these situations, parents may lose custody.
Following a substantiated finding, an individual's name will be added to CARI. While this registry isn't public and access is limited to certain government agencies, it's difficult to remove a name from the registry, meaning a substantiated claim can potentially follow you for years.
Beyond the registry, having a substantiated claim against you can limit your life in numerous ways. Not only might it affect your ability to parent, but it can also limit your job opportunities and limit your ability to adopt or foster a child. It can affect your relationships and your reputation.
Relevant Evidence
To arrive at a substantiated finding, an investigation must have evidence. Examples of relevant evidence include records of:
- Physical abuse
- Hospitalization or other medical care
- Exposure to inappropriate sexual activity
- A pattern of abuse or neglect
- Lasting emotional or physical impacts that relate to the abuse or neglect
DCP&P may also arrive at a substantiated finding due to aggravating factors. Aggravating factors are facts that make a situation worse.
During an investigation, DCP&P may bring in witnesses. They cannot, however, simply arrive at a substantiated finding without evidence of abuse or neglect.
At the same time, DCP&P needs to consider any mitigating factors. Any information that explains the alleged abuse or neglect or puts events into a broad context may be a mitigating factor. In some cases, mitigating factors won't entirely vindicate an accused adult, but they may result in a lesser finding.
Absolutely Substantiated Circumstances
Some events rise to a level of severity that they're automatically considered substantiated findings. New Jersey considers the following to automatically be considered substantiated claims:
- The death or near death of a child that's the result of abuse or neglect
- The accused subjects a child to sexual activity or exposes them to inappropriate sexual activity or materials
- A child is hospitalized or receives significant medical attention because an adult inflicted the injury on the child or created a condition that resulted in the need for medical care
- Any child suffers from repeated instances of physical abuse by the accused adult
- When an adult fails to:
- Take reasonable action to protect a child from sexual abuse or repeated instances of physical abuse
- AND
- The adult knew or should have known that such abuse was occurring
- An adult deprives a child of necessary care, which either results in serious harm to the child or creates a substantial risk of serious harm
Even when a case appears to be absolutely substantiated circumstances, there may still be additional facts or details that are relevant to the case. Individuals facing an abuse or neglect finding that DCP&P considers to fall under the “absolutely substantiated circumstances” should contact the Lento Law Firm Criminal Defense Team.
What Are Aggravating Factors?
In some situations, DCP&P finds a claim is substantiated due to aggravating factors. Aggravating factors are details or other information that make abuse or neglect more serious. Put another way, when aggravating factors are present, they make abuse or neglect worse.
New Jersey lists the following as aggravating factors:
- When abuse or neglect occurs at an institution
- When the accused fails to comply with court orders or clearly established or agreed-upon conditions that are intended to ensure a child's safety, such as child safety plans
- When a child is a tender age and has developmental delays or other vulnerabilities
- When a child has any significant or lasting physical, psychological, or emotional impact as a result of the abuse or neglect
- When the accused attempts to inflict any significant or lasting physical, psychological, or emotional harm on a child
- When evidence exists that suggests a repetition or pattern of abuse or neglect
- When a child's safety requires a child no longer have a relationship with the accused, such as a parent losing custody of their child due to abuse or neglect
That one of these factors is present doesn't automatically mean a case should conclude with a substantiated finding. A case may also have mitigating factors or other information that should result in a less serious finding.
What Are Mitigating Factors?
In any investigation, DCP&P should consider mitigating factors. These are details that may put events into context and may result in DCP&P deciding on a less serious finding.
Mitigating factors provide additional information about an event or help to explain why a parent acted a certain way. For example, a parent grabbed a child hard enough to bruise a child's arm. Someone saw the bruise and reported it to DCP&P. During the investigation, DCP&P discovered that the reason the parent grabbed the child was to prevent the child from running out into the street and being injured.
When investigating a claim of abuse or neglect, DCP&P should consider the following as mitigating factors:
- The accused adult took remedial action before the investigation finished
- A parent or guardian acted in an uncharacteristic, abusive, or neglectful manner caused by extraordinary, situational, or temporary stressors.
- The nature of the abuse or neglect was isolated or atypical
- The abuse or neglect had a limited, minor, or negligible physical, psychological, or emotional impact on the child
In some cases, even when mitigating factors are present, DCP&P may still decide to label a finding as substantiated. But there's also the possibility that DCP&P or its investigators failed to consider mitigating factors. They may have ignored certain details or failed to fully investigate a situation.
Failing to consider mitigating factors doesn't protect children but can cause problems with the accused. If you believe DCP&P failed to consider mitigating factors, which resulted in a finding being substantiated, contact the Lento Law Firm Criminal Defense Team.
Appealing a DCP&P Substantiated Finding
New Jersey allows individuals who have either a substantiated or established finding against them to appeal that decision. When appealing a decision, the focus is generally on showing when and how DCP&P erred in its investigation.
One way to do this is to show that DCP&P didn't meet its burden of proof. This means the investigation didn't have sufficient competent, material, and relevant evidence to justify its findings.
Accused adults have two options to appeal: administrative appeals and court appeals. Upon receiving the letter informing them of DCP&P's finding, that letter should include information on how to appeal.
Administrative Appeals
For administrative appeals, parents or other adults will generally have 20 days to appeal after receiving notice of DCP&P's findings. Within that 20-day window, they must submit a written letter of appeal and request a hearing before an administrative law judge. Requests for appeals can be sent to:
The New Jersey Department of Children and Families
Administrative Hearings Unit
P.O. Box 717
Trenton, NJ 08625-0717
During an administrative hearing, the accused has the opportunity to explain why they disagree and request that the findings be changed.
Court Cases
In situations when the accused already has an open court case involving the DCP&P, they will likely have to request an appeal through a court. These appeals generally go through the Appellate Division of the New Jersey Superior Court.
The courts use a different standard of review compared to the administrating hearings. With a court, the appellant will generally need to show that the finding was arbitrary and capricious to such an extent that the finding was unfounded, which means it doesn't have an evidence-based foundation.
Appeals can be complicated. It's also crucial that parents follow any guidelines on the finding letter they receive.
What Isn't Grounds for Appeal
As important as knowing what can be grounds for appeal is knowing what won't result in a successful appeal of a substantiated finding.
Those who are accused should keep in mind that DCP&P doesn't require a warrant to enter your home or talk with your family or other involved parties. They also don't have to provide advance notice for any home visits.
Investigators must show their badges if you request it. They are also required to provide you with the following information:
- That someone made a report of child abuse or neglect, and that report is being investigated
- The report included general information about the abuse or neglect
- The names and phone numbers of the investigators and their supervisor investigators' names and phone numbers and their supervisor's name and phone number.
The Lento Law Firm Criminal Defense Team works with our clients to help them understand what is and is not relevant evidence, as well as grounds for appeals.
Protect Your Future
A substantiated claim against you can affect your life for years. It can limit your career and hurt your relationship with your children or other family members. If a finding is substantiated, you will find your name on CARI, New Jersey's child abuse registry.
Getting a clear picture of the whole incident is crucial for both protecting child safety and avoiding false accusations against adults. No child benefits from claiming an innocent adult committed abuse or neglect.
Being accused of child abuse or neglect or having a substantiated claim against you is serious. It can take an emotional and mental toll on those accused. Unfortunately, investigations may omit crucial information or mitigating factors.
If you have a substantiated claim of abuse or neglect against you, the Lento Law Firm Criminal Defense Team can help. We work with our clients to assist them in understanding their options and protecting their livelihoods and their futures. Contact us using this form or by calling us at 888-535-3686.
