DCPP Established Findings Can Be Appealed
An allegation is “established” if the preponderance of the evidence indicates that a child is an “abused or neglected child” as defined in N.J.S.A. 9:68.21, but the act or acts committed or omitted do not warrant a finding of “substantiated”. Disclosure of an established finding is authorized in more limited circumstances than a substantiated finding. However, our courts have found that an established finding is significant and is accompanied by “longstanding adverse consequences”. For example, it may affect certain employment opportunities related to children, the right to adopt or serve as a resource parent, and impact possible future DYFS proceedings. As a result, the Appellate Division found on February 1, 2017 that an administrative hearing is required to contest the Division’s conclusion abuse or neglect is established.
If you have been established at any point, call our team of DYFS lawyers right away at 1-855-9-JEFLAW to discuss your appeal rights.