Understanding the Four-Tier Findings of Abuse and Neglect in New Jersey DCP&P Cases

The Division of Child Protection and Permanency (DCP&P) in New Jersey is tasked with ensuring the safety and well-being of children. When allegations of abuse or neglect arise, DCP&P conducts investigations to determine the validity of these referrals. The findings from these investigations fall into one of four tiers: Substantiated, Established, Not Established, and Unfounded. Understanding these tiers is crucial for parents, guardians, and professionals involved in child welfare cases.

Substantiated

A finding of “Substantiated” is the most severe finding with regard to a DCP&P investigation. It means that by a preponderance of the evidence, abuse or neglect of a child has occurred. In order for DCP&P to make a substantiated finding against a parent or caregiver, there needs to exist an absolute circumstance, such as:

• Death or near death of a child as a result of abuse or neglect;
• Repeated instances of physical abuse;
• Deprivation of necessary care; or
• Failure to protect a child from sexual abuse or repeated instances of physical abuse;

Alternatively, DCP&P may make a substantiated finding after weighing both “aggravating” and “mitigating factors.” Such factors include:

• Failure to comply with court orders;
• Significant or lasting physical, psychological or emotional harm to the child; or
• Required separation of the child from the parent or guardian.

This finding has serious consequences including placement on the Child Abuse Registry Information (CARI), potential corresponding criminal charges, and significant involvement with DCP&P, including lengthy litigation, unannounced home and/or school visits, and the possible removal of the child(ren) from the home.

Established

An “Established” finding means that upon assessment of the case’s aggravating and mitigation factors, there is sufficient evidence to prove that abuse or neglect occurred.  The key points include:

• This is still a determination that abuse or neglect has occurred.
• The harm or risk of harm to the child is not as significant as required for a substantiated finding.

This finding also can have serious consequences. The established finding is maintained within agency records and if another referral is called in against you or your family, DCP&P will view this history when assessing other referrals of abuse or neglect. An Established finding can also result in significant, ongoing litigation with DCP&P and the possible removal of the child(ren) if not properly defended against.

Not Established

When a referral for abuse or neglect is determined to be “Not Established,” DCP&P believes there is some evidence of child abuse or neglect, however there is insufficient evidence to support a finding of abuse or neglect. Although this determination is not a finding of abuse or neglect, there are still significant consequences to this determination, which include:

• Ongoing monitoring by DCP&P including but not limited to litigation and/or unannounced home and school visits.
• The finding is maintained within the agency records.

A not established finding does not result in placement on the Child Abuse Registry. However, it may still involve some level of monitoring or services from DCP&P to ensure the child’s safety and well-being.

Unfounded

An “Unfounded” finding is the most favorable outcome for the accused party. It means upon a full investigation, DCP&P found no evidence to support the claim of abuse or neglect. Some criteria for this finding includes:

• There is no evidence that abuse or neglect occurred; or
• The allegations are either false or erroneous.

An unfounded finding means the case is closed, and the individual’s name is not placed on the Child Abuse Registry. Further, the unfounded findings are eligible to be expunged if certain criteria are met.  There is no further action taken by DCP&P, and the accused party is cleared of the allegations included in the initial referral.

Conclusion

Understanding the four-tier findings of abuse and neglect in New Jersey DCP&P cases is crucial for anyone involved in such investigations. Each tier carries different implications and consequences, from legal repercussions and registry placement to the necessity for ongoing DCP&P involvement. For parents and guardians, being informed about these tiers helps in navigating the process and understanding the potential outcomes of an investigation.

If you find yourself involved in a DCP&P investigation, it is essential to seek legal advice to understand your rights and the implications of each possible finding. Being proactive and informed can make a significant difference in the outcome of these serious and often stressful situations.

About the Author

Katelynn Joye Reilly, an associate with the firm, focuses her practice on family law and general litigation matters. Prior to joining the firm, Kate was a Deputy Attorney General for the Office of the Attorney General in Trenton, NJ, where she litigated child abuse and neglect cases. In her role as a Deputy, she served as an advisor to the Division of Child Protection and Permanency (DCP&P), negotiated complex child abuse issues, and mediated cases. She conducted highly contested trials often involving multiple witnesses and experts and employed a creative legal approach in order to facilitate successful resolutions for her client and the child. Kate graduated from Pennsylvania State University and Rutgers University School of Law – Camden. She is admitted to practice in New Jersey.