In much the same way that a criminal can agree to a plea deal to avoid a lengthy trial, someone falsely accused of abuse or neglect in New Jersey can “stipulate” to an allegation to avoid the hassle of a fact finding hearing and trial.
However, unlike a plea deal in a criminal case, this kind of settlement generally offers the accused parent very little in the way of benefits. You might be able to avoid a trial; however, your settling in this fashion will not compel the division to withdraw its complaint. Plus, if you accept certain facts and allegations, the court may tacitly decide that all of the allegations against you are true.
Among other things, you could be compelled to engage in much lengthier and more complex services in order to get back together with your child and heal your family. Finally, since you actually didn’t do anything wrong, you might (rightfully) rankle at the notion that you need to "admit" to having engaged in wrongdoing.
If you did engage in behaviors (or failed to do certain things) that were on the edge, you could consider settling. However, you should only do so under very specific conditions. Your defense attorney should draft the language and include a provision that forces the division to withdraw its complaint with respect to any acts to which you do not stipulate and work out exactly what services the division will provide you.
How Common are False Child Abuse Allegations in New Jersey?
The answer to this question often depends on who you ask. It also depends on how you define whether or not a child abuse allegation turns out to be justified or not.
Many times, a Department of Child Protection and Permanency (DCPP) caseworker will investigate the allegations. The DCPP caseworker will then make a formal finding within 60 days. The DCPP then often makes one of the following rulings:
- Unfounded - No evidence of child abuse.
- Substantiated - Casebworker believes child abuse occurred.
- Established - Caseworker believes child abuse occurred but mitigating factors outweigh aggravating ones.
- Not established - Some evidence of child abuse but not enough to qualify as child abuse.
At this point, some child abuse allegations progress to a family court judge in a New Jersey Superior Court, Chancery Division, Family Part. These cases often come down to evidence and how it's presented to the court.
This is why it's critical that you have a skilled New Jersey child abuse lawyer handling your case. Even if you didn't do anything wrong, you could still be found guilty of child abuse if your case is not presented the right way. Your attorney can also appeal your ruling if you're falsely found guilty of child abuse. But you need to act fast and you need a lawyer who thoroughly understands how New Jersey's legal system works when it comes to child abuse allegations.
Wanting to Do the Right Thing, But Still Confused About the Rules and Process?
We’ve just covered (in some detail) how Title 9 cases typically work in New Jersey, as well as what you and your lawyer should consider doing at various stages of the process. We discussed how to maximize opportunities to challenge false abuse and neglect allegations, reunite with your family and prevent the division from enjoying an unfair advantage or engaging in tactics that would put you at a disadvantage.
You obviously don’t have to remember everything that happens in Title 9 cases, point by point. However, hopefully, you now have a global sense for what goes on during the process, as well as insight into the motivation of the court, the division and the division’s mental health professionals. In addition, we discussed common mistakes that parents (and sometimes their defense attorneys!) make that create unnecessary complexity or lead to bad results.
In our next section, we’re going to explore the diverse life, career, and emotional challenges created by false abuse and neglect allegations. After that, we’ll return to practical, “nuts and bolts” issues in our section on Frequently Asked Questions about the defense process.
For skillful, experienced assistance battling back against untrue allegations of child abuse or neglect, call the Williams Law Group, LLC immediately at (908) 810-1083.