People have rights under New Jersey Law
The Division of Child Protection and Permanency (DCPP or the “Division”), formerly known as the Division of Youth and Family Services (DYFS), is New Jersey's child protective service agency. There may be situations where you disagree with a finding made by the Division upon the conclusion of its investigation. One of those potential findings is substantiated. In such a scenario, you might be asking yourself, "Can I appeal a substantiated finding?" The short answer is yes, you can appeal a substantiated finding.
Understanding Substantiated Findings
A substantiated finding by the Division means that the Division has determined that a preponderance of the evidence establishes that a child is an abused or neglected child as defined by New Jersey statute, and either the investigation indicates the existence of any of the absolute conditions or a substantiated finding is warranted based on consideration of the aggravating or mitigating factors. This decision can have serious ramifications for the accused, including the potential for criminal charges, limited child visitation rights, or even job loss for those in numerous professions, including child-related professions, as substantiated findings are disclosed on a Child Abuse Record Information (CARI) check.
The Appeal Process
If you are facing a substantiated finding and you have an open Division case in Superior Court, you have the opportunity to contest that finding before the Judge. On the other hand, if you are facing a substantiated finding, and you do not have an open Division case in Superior Court, it is important to know that you can still challenge this decision through the Office of Administrative Law. The process begins with a written request for an administrative appeal. This must be submitted within 20 days of receiving the written notice of the substantiated finding from the Division.
Upon requesting the administrative appeal, the Office of Administrative Law will send a correspondence to confirm its receipt of your request. If the Office of Administrative Law accepts the request for an administrative appeal, an initial telephone conference date will be set between your attorney, the Administrative Law Judge, and the Deputy Attorney General (the attorney for the Division).
Several telephone conferences may be held in an effort to facilitate a potential settlement while also scheduling discovery deadlines and trial dates. The trial, much like the fact-finding hearing, gives you the opportunity to contest the Division’s finding by presenting evidence, calling and cross-examining witnesses, and providing an opportunity for you to present your defense.
What Happens Next?
If the outcome of the administrative hearing is favorable and the original finding is overturned, then you will receive notification of the changed finding. Based on the changed finding, your name would not be disclosed on a Child Abuse Record Information (CARI) check.
If the Administrative Law Judge upholds the substantiated finding, you have the right to appeal this decision to the Appellate Court. The Appellate Court will review briefs filed by all counsel, review documents in the record, and hear the arguments of counsel in determining whether the Administrative Law Judge’s decision should be affirmed, reversed, or remanded.
Contact Williams Law Group, LLC
If you disagree with a substantiated finding by the Division, you have the right to appeal the decision. This process can be complex and emotionally draining, which is why it is imperative that you speak with an attorney experienced in Division appeals. Understanding the process, deadlines, options, and potential outcomes is vital in properly protecting your rights and interests.
"Gene was professional, knowledgeable, and effective throughout his representation of me… He was also responsive, compassionate, and cost-effective, which, from my experience, are rarities when dealing with attorneys. I highly recommend Gene to anyone seeking an attorney specializing in his practice areas." – Christopher, ⭐⭐⭐⭐⭐