Tag Archives: substantiation

The Importance of Appealing a DYFS/DCPP Substantiation of Abuse/Neglect


If the Division of Child Protection and Permanency substantiates an allegation of child abuse or neglect, the perpetrator’s name is listed on the Child Abuse Central Registry. N.J.S.A. 9:6-8.11. This is a confidential list that is maintained by the Department of Children and Families. Only a limited number of agencies have a statutory right to access the Registry, including licensed daycare providers, adoptive agencies and residential elder care facilities. For all others, a request must be made in writing to the Division to release the information, and failing same, court order must be sought.

School districts employing teachers are not, by statute, entitled to check the Registry. However, nothing in the law prevents an employer (including a school district) from requesting an applicant’s consent to authorize the Division to release this information for purposes of evaluating her employability. Further, nothing in the law protects an applicant from an employer’s choice to draw an adverse inference from an applicant’s failure or refusal to release the information.

So, if a person is listed on the Registry, they remain in jeopardy of having an employer-requested background check that could preclude him from employment. If you receive a letter advising that the Division had substantiated an allegation of abuse or neglect, you should appeal. Instructions will be provided in the letter, advising where to send the request and what information is required.

An administrative appeal occurs in the Office of Administrative Law (OAL). The Rules of Evidence do not apply. The procedure is trial-like, but the cases are tried “de novo”. Rather, the a question for the Administrative Law Judge is whether the agency’s decision is arbitrary, capricious or unreasonable. Because of these differences between Superior Court litigation and administrative practice, it is imperative that an accused parent/caregiver select an attorney that is skilled in handling these matters.

If you or someone you know has been substantiated for abuse or neglect and desire to appeal, please contact Paragano & Williams, LLC to schedule a consultation.

Neglect Findings by DYFS/DCPP must be made on Science – not Assumption


On Monday, September 10, 2012, the New Jersey Supreme Court is scheduled to hear oral argument in a case of significance to all involved in the child welfare system. In DYFS (n/k/a/ DCPP) v. A.L., the trial Court, and subsequently, the Appellate Division, made a finding of neglect against a mother who ingested cocaine during her pregnancy. The finding has wide-ranging implications.

Certainly, no one disputes that ingestion of cocaine may have serious consequences for an unborn fetus – but no less serious than ingestion of cigarette smoke, failure to wear seatbelts, and other less than laudable conduct during pregnancy. The difference with cocaine, however, is that its very mention suggests a moral culpability, which does not attend to other conduct of mothers-to-be.

What may surprise many who do not dwell in the land of child protection is that there is little science to support the conclusion that in utero ingestion of cocaine, per se, is harmful to a fetus. Opponents of the trial court’s conclusion argue that attaching the severe consequence of a substantiation and loss of a child to the unfortunate conduct attendant to addiction will, in all likelihood, deter pregnant addicts from seeking treatment.

And, by thwarting treatment, the child protection community is, once again, creating a “cure” that is worse than the “ailment”. Better alternatives to treatment of addiction must be pursued by our society. It will be interesting to see how our Supreme Court views this critical issue.

To watch the Supreme Court argument, check out the live webcast at 10:00 a.m.:

http://www.judiciary.state.nj.us/webcast/index.htm