When The Division of Child Protection and Permanency (DCP&P, referred to as “the Division”—formerly the Division of Youth and Family or DYFS) investigates a case, they will issue one of four findings:

1. Substantiated
2. Established
3. Not established
4. Unfounded

Understanding the Results of Your DCP&P Investigation explained how to understand the results of your DCP&P investigation. This article explains how to appeal a finding of substantiated and established. Note that the appeals process for a finding of substantiated and a finding of established are the same.

What is a substantiated finding?

If the Division finds that your case is substantiated, your child(ren) may be taken from your home and you may need to follow up with the Division for more services. Your information will be permanently recorded in the Child Abuse Registry and will appear in a “CARI” (Child Abuse Registry Information) check. Once your information is on the registry, it can never be removed. CARI is not public, but having your name on the registry can still have a serious impact on you. You may not be able to work in certain places, such as adoption agencies, child care facilities, and group homes. You may not be able to adopt a child or be a foster parent.

What is an established finding?

If, after the investigation, the Division finds that there is evidence of shild abuse or neglect, but the mitigating factors outweigh the aggravating factors, the Division will classify your case as established. 

If your case is established, your information will not go on the Child Abuse registry. However, the Division will keep the case information in its files and it cannot be expunged (erased). This information can prevent you from becoming a foster parent, and if you have several established cases on record, the Division may eventually decide your case is substantiated and put your information on the Child Abuse Registry.

Due to a 2017 New Jersey Appellate Division decision called New Jersey Division of Child Protection and Permanency v. V.E., if you do not agree with the Division's established finding, you may now directly appeal the findings as you would a finding of substantiated. Because an established finding may still affect certain employment opportunities related to children, the right to adopt or serve as a resource parent, and impact possible future Division proceedings, it is appropriate that there is an appeals process to appeal an established finding. As with a substantiated finding, you may now appeal directly to the Office of Administrative Law. You can do this by contacting the office identified in the notice you receive from DCP&P within 20 days. There rae several steps to the appeal process. During the process, you should try to talk with the Division and/or the Deputy Attorney General (DAG) assigned to your case and tell them that you do not want your information or name in the Division's files and would like your finding to be downgraded to not established or unfounded. In some cases, the Division and/or the DAG may be willing to change your substantiated finding to a finding of unfounded or not established.

How will I know DCP&P’s finding?

When DCP&P receives a referral of abuse or neglect, a DCP&P caseworker will investigate the referral within 24 hours. After an investigation, the Division will decide how to handle the case. Sixty days after DCP&P investigates you and your family, you will receive a letter telling you the outcome, or decision, of the investigation.

What if I don’t agree with DCP&P’s finding?

If you do not agree with the Division’s substantiated finding, you can appeal the finding. If you are not already a defendant in a child abuse or neglect case in court, you should appeal the finding to the Office of Administrative Law. You can do this by contacting the office identified in the notice you receive from DCP&P within 20 days. There are several steps to the appeal process. During the process, you should try to talk with the Division and/or the District Attorney General (DAG) assigned to your case and tell them that you do not want your information on the Child Abuse Registry. In some cases, the Division and/or the DAG may be willing to change your substantiated finding to a finding of established or not established.

If your case has been substantiated and you do not agree with the Division’s finding, you can appeal the finding. If you are not a defendant in a child abuse or neglect case in court, you should take the following steps to appeal.

STEP ONE: Write a letter requesting an appeal

In order to appeal, you must write a letter to the Division within 20 calendar days of the date you received notice of the substantiated finding against you. Your letter should state the following:

• You want to appeal the substantiated finding.
• You are requesting an administrative hearing before an Administrative Law Judge (ALJ) at the Office of Administrative Law (OAL).
• Your name, home address, phone number, DCP&P case ID number, and the DCP&P investigation number.

You may also attach a copy of the DCP&P notice to your letter requesting an appeal. Your letter does not have to be long. It may be a one-page letter where you are making a simple request for an appeal of the substantiation. Once the Division receives your letter, they will begin an internal review of your case.

The Division may rescind (undo) the substantiation without an appeal hearing. This means that your name will be removed from the Child Abuse Registry. Or, they may go forward with a hearing.

Remember, during the appeal process you should try to talk to the Division and the Deputy Attorney General (DAG) to see if they will change the finding in your case from substantiated to established, not established, or unfounded.

STEP TWO: The Division’s response

After the Division receives your letter requesting an appeal of the substantiation, they will send you a letter. The Division’s letter should:

• State that the matter has been referred to the OAL
• Give you important information about the OAL hearing, including:
  • How the hearing will be conducted
  • How to prepare for the hearing
  • The name and phone number of the DAG who will represent the Division at the hearing.

Read the Division letter carefully and save it for your records.

STEP THREE: First OAL letter to you about the schedule of your appeal

After you receive the Division’s letter, you will receive a letter from the OAL. This letter will confirm that it has received your request for an appeal and provide a timeline for your appeal. Read this letter carefully and save it so that you can follow the appeal process.

STEP FOUR: Second OAL letter to you about the schedule of your appeal

After the first letter, you will receive a second letter from the Office of Administrative Law. The second letter will tell you:

• The date, time, and location of the pre-hearing conference. (This conference may be either in person or over the phone.)
• The name of the Administrative Law Judge (ALJ) assigned to your case.

At the pre-hearing conference,

• The ALJ will introduce him- or herself to you.
• You will meet the DAG assigned to represent the Division.
• The ALJ will decide the timeline for discovery (exchange of information between you and the DAG about your case with the Division).
• The ALJ will set the date, time, and location for the plenary hearing (the hearing of your appeal). You will receive a formal Notice of Plenary Hearing in the mail that will state this information.

You must appear in person for the plenary hearing. If you are unable to attend the plenary hearing, you must notify the OAL and/or the ALJ in writing right away. You must have a very good reason for asking that the hearing be rescheduled, such as an illness or family emergency. You may have to document (show proof of) this emergency.

If you do not ask for a postponement and fail to come to the plenary hearing, the ALJ may rule against you and affirm the substantiated finding. Your name will remain on the Child Abuse Registry.

STEP FIVE: Discovery

During the time between the pre-hearing conference and the plenary hearing, discovery will take place. Discovery is when you and the Division exchange information. Ask the DAG for a copy of your Division case file so that you can review it as you prepare for the plenary hearing. Going through your Division case file will help you gather information that is important to your case and help you figure out what other documents and information you will need to support your position. The ­following are the main components of discovery:

• Deadline for discovery. All discovery requests must be completed five days before the plenary hearing date. Both you and the Division will have 15 days to provide the requested information after receiving the discovery request.
• Objection to discovery requests.If the Division or you do not want to provide the requested information, you have 10 days from receiving the discovery notice to object to the discovery request. All objections must be made by a telephone conference call to the ALJ. We suggest that you also put the objection into writing in a letter to the DAG and the ALJ.
• Compelling (forcing) responses to discovery requests. If the Division or you want to compel (force) the other party to respond to a discovery request or object to a response you have received to your discovery request, you have 10 days from the notice due date or 10 days from the date you received the response without the information to request a telephone conference with the ALJ about the problem getting discovery.

Keep in mind that the time line described above is only a general guideline for discovery and that the ALJ may order a different set of due dates. If the ALJ sets a schedule, you must make sure to follow the scheduling order for discovery signed by the ALJ.

STEP SIX: Preparing for the plenary hearing

• Prepare documents. While you are requesting and receiving discovery materials, you should also start to prepare for the plenary hearing. Do this by gathering all important letters, notes, records, and any other documents related to your appeal. For example, you may want to get a letter from your child’s pediatrician that shows that you brought your child to all of his or her appointments. If you will lose your job because of the finding, include a letter from your employer stating this.
  
  
• Carefully review all of your documents. Organize them so that you can have them ready for the plenary hearing. Remember that this will be your chance to present evidence that can help you win your appeal. Keep copies of all documents that you wish to submit, one set for the ALJ and one set for the DAG. Make sure to keep a set of all the documents for yourself.
  
  
• Prepare witnesses. You should also start to identify any witnesses you want to bring to the plenary hearing to testify in support of your position. Contact them well in advance of the hearing date to make sure that they are able to come and that they will come voluntarily. Prepare each witness for the testimony that they will give at the hearing. Make sure that the testimony is related to your appeal of the substantiation. For example, your employer could introduce a letter stating that you would lose your job because of the finding, or your pediatrician could introduce a letter explaining that you have always taken your child to all of his or her doctor’s appointments.
  
  
• Prepare your argument. It is a good idea to make a list for yourself of all the points you wish to make before the ALJ about why the substantiation should be reversed. Do this so that you do not forget to mention something that is important to your case. This is especially important if you are representing yourself at the hearing. Remember, this is your chance to tell the judge why he or she should reverse the substantiation and remove your name from the Child Abuse Registry.

STEP SEVEN: Attend the plenary hearing before the OAL judge

You, an OAL judge, and a DAG will be at the plenary hearing. You may have an attorney represent you at the plenary hearing at your own cost, but you do not have an automatic right to an appointed attorney. You have a right to represent yourself. You also have the right to bring a non-lawyer to represent you at the hearing, and you may bring a relative or friend to advise you, and any witnesses who will testify on your behalf.
At the hearing, the ALJ will give both you and the Division the chance to present your case. You will have a chance to

• Tell the judge why you believe the substantiation should be reversed.
• Submit documents in support of your position.
• Call witnesses to give testimony on your behalf.

The Division will do the same. Before making a decision, the ALJ will listen to witnesses and arguments for each side, ask questions, and review documents.

During the plenary hearing, be polite and respectful to the ALJ and the DAG. Listen carefully to any questions the ALJ may ask about the appeal, and answer them thoughtfully.

Make sure the ALJ has enough information to decide the appeal in your favor

Remember, the ALJ will decide the appeal based only on the record made before him or her at the hearing, so it is very important to cover all relevant information about your appeal at the plenary hearing and make sure that the ALJ has enough information to decide the appeal in your favor.

STEP EIGHT: Receive the initial decision, submit ­comments, and appeal the final decision

After the hearing, the ALJ will write a report called an initial decision. The ALJ will mail a copy of this initial decision to you and the DAG. This decision should include everything that was said at the plenary hearing. It should state the ALJ’s findings about the facts presented by each party and the laws and policies that apply. It should include a recommendation of how the appeal should be decided and instructions on how you may send comments about the decision.

• Submit comments on the ALJ’s initial decision. After receiving the initial decision, you and the DAG both have 13 calendar days to submit comments on the report to the Administrative Hearing Coordinator. Comments may include objections to what was said or done at the hearing. Comments may also include objections to the finding the ALJ made in his or her report. If you plan to submit a comment, you must clearly state in writing why the judge’s initial decision should be changed, accepted, or modified, and submit supporting documentation for your position.
• Agency head issues a final decision. The agency head will review the initial decision and all the comments it received from you and the DAG. After reviewing the initial decision and the comments, the agency head will issue a final decision. The final decision is sent to both you and the DAG.
• Appealing the final decision. If you object to the final decision, you have a right to appeal to the Appellate Division of the Superior Court of New Jersey by filing a Notice to Appeal within 45 days of the date of the final decision.

What if I want to appeal a finding of not established?

If your case is not established, your information will not go on the Child Abuse registry. However, the Division will keep the case information in its files and it cannot be expunged (erased). This information can prevent you from becoming a foster parent, and if you have several established cases on record, the Division may eventually decide your case is substantiated and put your information on the Child Abuse Registry.

You may appeal not established findings by filing an appeal with the appellate division. If you would like advice or assistance on these findings and appealing substantiated, established, or not established findings, please contact Legal Services of New Jersey’s Family Representation Project by calling LSNJLAW^SM, Legal Services of New Jersey’s statewide, toll-free legal hotline, at 1-888-LSNJ-LAW (1-888- 576-5529). You may also apply online. ​​​​​​​

This information last reviewed: Jan 2, 2018