When the Division of Child Protection and Permanency (DCPP or the “Division”) receives a report of child abuse or neglect, they initiate an investigation to determine whether or not the allegations are true. The outcome of the Division’s investigation will result in a finding. There are four potential findings. Understanding these potential findings is crucial for anyone who is the subject of a Division investigation.
1. Unfounded
An unfounded finding is the best possible outcome for the individual accused of child abuse or neglect. Such a finding means that there is not a preponderance of the evidence indicating that a child is an abused or neglected child as defined by statute, and the evidence indicates that the child was not harmed or placed at risk of harm.
Unfounded findings are not disclosed upon a Child Abuse Record Information (CARI) request and are eligible to be expunged after three years if certain criteria are met. If the Division receives an additional report or referral regarding the child, family, or alleged perpetrator, or if the Division provides services to the family, the record will not be expunged.
2. Not Established
A not established finding is made when there is not a preponderance of the evidence that the child is an abused or neglected child as defined by statute, but credible evidence indicates that the child was harmed or placed at risk of harm. Not established findings are not disclosed upon a Child Abuse Record Information (CARI) request, but are maintained in Division records.
3. Established
An established finding is made when a preponderance of the evidence establishes that a child is an abused or neglected child as defined by statute, but the acts or acts committed or omitted do not warrant a finding of substantiated upon the consideration of aggravating and mitigating factors. Established findings are not disclosed upon a Child Abuse Record Information (CARI) request but are maintained in Division records.
4. Substantiated
A substantiated finding is the worst possible outcome for the individual accused of child abuse or neglect. Such a finding means that a preponderance of the evidence establishes that a child is an abused or neglected child as defined by statute, and either the investigation indicates the existence of any of the absolute conditions, or a substantiated finding is warranted based on the consideration of the aggravating and mitigating factors. Substantiated findings are disclosed upon a Child Abuse Record Information (CARI) request.
Protecting Your Future After a DCPP Finding
The outcome of a DCPP investigation carries long-term implications for your reputation and your family’s stability. Whether you are facing a "Substantiated" finding or navigating the nuances of a "Not Established" record, these classifications dictate what appears on background checks and how the Division interacts with your home in the future.
You do not have to accept these findings without a fight. An experienced attorney can help you understand the evidence, appeal an adverse finding, or work toward an expungement when eligible. Having a dedicated advocate ensures that your side of the story is documented and that your rights are protected throughout the process.
If you are currently the subject of an investigation or have received a notice of a finding in New Jersey, early intervention is important to achieving the best possible resolution. Schedule a consultation to discuss your case with our experienced DCPP Attorney Gene Richards. Explore how we support families through our DCPP and family law services.
"I was impressed with the level of communication, dedication, and quality of service provided by this firm. Gene is an extremely knowledgeable, helpful, and organized professional. His professional connections and legal acumen make him an incredible attorney." - Christine H., ⭐⭐⭐⭐⭐