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

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

This finding of substantiated, established, not established, or unfounded will:

• Be a factor in the Division’s decision whether or not to remove children from your custody
• Determine what information about your case will be shared and with whom, and whether you will be barred from certain places or types of employment
• Impact your right to appeal

The focus of this article is on cases that are not in litigation (court). It will help you understand how the Division makes a finding and what it means for you. Appealing a “Substantiated Finding” from the Division of Child Protection and Permanency walks you through the steps of appealing the Division’s finding.

How will I know the Division’s finding?

When the Division receives a report of abuse or neglect, a caseworker will investigate the report within 24 hours. After this investigation, the Division will decide how to handle the case. You will receive a letter telling you the outcome, or decision, of the investigation 60 days after the Division investigates you and your family.

What is a substantiated finding?

If the Division finds evidence of child abuse or neglect, they will examine other circumstances to determine whether to classify the case as substantiated. First, they will look for “absolutely substantiating circumstances.” Some examples of absolutely substantiating circumstances are:

• Repeated instances of physical abuse
• Hospitalization
• Exposure to inappropriate sexual activity

If any of these circumstances exist, the case is substantiated.

If there are no absolutely substantiating circumstances, the Division will look for “aggravating factors” and “mitigating factors.” Aggravating factors are circumstances that make the abuse or neglect more serious. For example, a pattern of abuse or neglect, or abuse that has left a lasting emotional or physical impact on the child, would be considered an aggravating factor. Mitigating factors are circumstances that would make the abuse or neglect seem less serious. If it is the first time you have been involved with the Division, and you have a history of tending to your child’s needs (for example, you have taken them for regular doctor visits) the Division would consider these strengths to be mitigating factors. The Division will try to balance these positive and negative factors. If there are more aggravating factors than mitigating factors, the case is substantiated. If the mitigating factors outweigh the aggravating factors , the case is established. Information about established cases is in the next section.

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, childcare facilities, and group homes. You may not be able to adopt a child or be a foster parent.

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 and during the process, you should try to talk with the Division and/or the District Attorney General (DAG) assigned to your case. You should 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 fin ding of established or not established.

What is an established finding?

If, after the investigation, the Division finds that there is evidence of child 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 finding 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 are 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.

What is a not established finding?

If the Division decides that abuse or neglect has not been proven, but the information they gather indicates that the child was still exposed to harm or risk, they will classify your case as not established. Your name will not be added to the Child Abuse Registry, but the Division will keep the information in the agency records and the information cannot be expunged (erased).

As with established findings, it is not clear how to challenge a not established finding. Unlike a substantiated finding, you do not have the right to appeal directly to the Office of Administrative Law. However, you may have the right to appeal to the Appellate Division of the Superior Court of New Jersey. If you would like advice or assistance on appealing not established findings, please contact Legal Services of New Jersey’s Family Representation Project.

What is an unfounded finding?

If the Division finds that your child was not harmed or placed at risk of harm, they will classify your case as unfounded. Your name will not be added to the Child Abuse Registry, and in most cases, the information will be expunged (erased) from the agency’s records after three years. The Division will keep the record for longer than three years in some cases, such as if it receives another report of child abuse or neglect during that time, another member of your child’s household is being investigating by the Division, or if a court orders the agency to keep the records.

In order to protect your rights as a parent, it is important that you understand the Division’s finding. If you have any questions about your investigation, findings, and your right to appeal, please contact Legal Services of New Jersey’s Family Representation Project by calling LSNJLAW^SM, LSNJ’s statewide, toll-free legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529). You may also apply online. ​​​​​​​

This information last reviewed: Oct 7, 2020