DCPP established finding can now be appeals
DCPP, formerly known as DYFS created the established finding several years ago. Since its creation, it was not subject to appeal until 2017. This guide details the change in the law.
Established findings can now be appealedIn 2017, in DCPP v V.E., the Appellate Division stated that an established finding is a finding of child abuse or neglect under N.J.S.A. 9:6-8.21(c)(4), subject to disclosure as permitted by N.J.S.A. 9:6-8.11a(b) and other statutes, due process considerations require a party against whom abuse or neglect is established be afforded plenary administrative review. For many years, DYFS findings were either unfounded or substantiated. That changed a few years ago when established and not established were added as findings. The problem was that only substantiated findings could be appealed. Since that has changed, everyone that is or has ever been established is encouraged to contact an attorney to discuss appealing the DYFS finding.
DCPP Administrative AppealsAn appeal of a DCPP established finding is filed with the office of administrative law. After discovery is exchanged, a trial will be set before an administrative law judge. The attorney for DCPP will represent the State and you are entitled to have an attorney to represent you. Since this is a trial, it is strongly recommended that you hire an attorney that has experience with DCPP administrative matters. At the conclusion of the trial, the judge will issue a written opinion. DCPP will then review that opinion and either adopt it or reject it. If you want to challenge this final opinion, you can file an appeal with the appellate division.