The New Jersey State Bar Association filed a motion seeking to participate as amicus curiae before the Supreme Court on the question of whether the category of “not established” under the child welfare laws is constitutional. In the matter of S.C. v. DCPP, the Supreme Court is being asked to decide whether a parent/caregiver is entitled to a hearing to appeal a finding by the Division of Child Protection and Permanency of “not established” following an investigation of abuse or neglect.
Under the current law, the finding of “not established,” permitted pursuant to regulation, is made when there is not a preponderance of the evidence indicating abuse and neglect, but there is “some” evidence that a parent/caregiver has put his or her child at risk of harm. While it does not result in listing on the child abuse registry, a finding of “not established” is permanently recorded by the division, with no opportunity for expungement. Further, there are at least 23 instances where the division is able to release the information, which can lead to negative consequences for the parent/ caregiver. Comparatively, a finding of “unfounded,” as established by statute, is generally expunged.
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