Reporting Child Abuse and Neglect

The Obligation to Report and the Division of Youth and Family Services’ Obligation to Respond

 

New Jersey is a mandatory reporting State.  This means that any person having reasonable cause to believe that a child has been subjected to child abuse must report his/her concerns or findings immediately.  The report should include whatever information may be helpful, such as the identity of the perpetrator; the names and addresses of the child and his/her parent or other person having custody; the child’s age; and the nature and extent of the child’s injury, abuse or mistreatment. 

 

Child abuse/neglect occurs when a parent or another individual who is in a caretaker role to the child under the age of 18, including parent or guardian as well as a teacher or child care worker, does one of the following:

► Inflicts injury or allows a child to be physically injured by another, in a method that is not accidental, which cause or creates a substantial risk of death or serious impairment, disfigurement or prolonged impairment of the child’s physical or emotional health, or protracted loss of the function of any bodily organ; or

 

►Creates or allows a situation to be created where there is a substantial or ongoing risk to the child of physical injury, which would likely cause death, serious disfigurement or injury; or

► Sexually abuse the child and/or allows the child to be sexually abused; or

► Fails to exercise a minimum degree of care by not supplying the child with adequate food, clothing, shelter, education, medical or surgical care, when having or being provided with the means to do so, or by not providing the child with proper supervision, thereby impairing or threatening to impair the child’s physical, mental or emotional condition including the infliction of excessive corporal punishment; or

► Willfully abandons the child; or

► Uses excessive physical restraints on the child, under circumstance which do not indicate that the child’s behavior is harmful to himself or others; or

► Inappropriately places the child in an institution for a continued period of time with the knowledge that the placement has and may continue to harm the child’s mental or physical well-being; or

► Willfully isolates a child from ordinary social contact under circumstances which indicate emotional or social deprivation.

 

The report should be made to the Division of Youth and Family Services (DYFS).

This can be done by telephone or otherwise.  One July 1, 2004, DYFS centralized its screening of all reports of abuse and/or neglect. The call center will operate 24 hours a day, every day of the year, replacing local screeners at more than 30 DYFS district offices and the current after-hours and weekend hotline. The telephone number is 1-877-NJ ABUSE (1-877-652-2873).  The failure to report constitutes a disorderly persons offense. 

 

The person calling DYFS to report abuse can remain anonymous.

All report of child abuse and all information obtained by DYFS are confidential, and may only be released under specific circumstances to a child protective agency, a law enforcement agency investigating a report, a physician or agency authorized to treat the child, legal counsel for the parent or child, a court, a grand jury, or for research purposes.  Anyone receiving this information from DYFS is required to keep it confidential.

 

Any person making a good faith report or testifying in a judicial proceeding resulting for such a report is immune from any civil or criminal liability resulting from making a report.  Anyone who is discharged from employment or discriminated against on the job as a result of reporting in good faith an allegation of child abuse may file a lawsuit for appropriate relief. 

 

The Division of Youth and Family Services is the state agency responsible to respond to reports of child abuse or neglect.  State law and regulations give DYFS the authority and the responsibility to investigate child abuse/neglect allegations within a specified period of time.  New Jersey law provides that the safety and well-being of the child must be the primary concern when responding to reports of child abuse/neglect.  The parent’s rights and maintaining family integrity with services are secondary concerns.

 

DYFS is required to investigate all reports where there is reasonable cause to believe that a child may be abused or neglected.  The Division must screen each report to determine an appropriate response which must include:

► An investigation to determine if the child is abuse or neglected; or

► An assessment to determine if or how DYFS can provide child welfare services; or

► Information and referral elsewhere.

 

In conducting a child abuse/neglect investigation, the Division must interview in person:

► The child who is the subject of the investigation;

► The parent or caretaker in the home;

► Other member of the household, whether adults or minors;

► The alleged perpetrator; and

► Any witnesses to the incident or anyone who has information relevant to the investigation.

 

DYFS is required to conduct a child abuse/neglect investigation within certain specific time frames of when the field office or after-hours child protective investigator is notified of report: 

► DYFS must initiate an investigation within 2 hours when a report indicates that an immediate response is required, such as reports of serious physical abuse and/or continued serious risk to the child or a child left without adult supervision who cannot provide for his own care.

► The Division has 24 hours to initiate investigations of all other reports where there is no immediate risk to the child, unless a delay is requested by a law enforcement official.

 

Once the investigation is concluded, the Division must make a formal finding or determination within 60 days of the referral. If DYFS is continuing to confirm credible information, extensions may be granted by the office manager in increments of 30 days.

► Substantiated when the investigation indicates by the preponderance of the evidence that  a child has been abused or neglected as defined by law because the child has been harmed or placed at risk of harm by the parent or caregiver; or

► Unfounded when there is not a preponderance of evidence that the child was harmed or placed at substantial risk of harm; or when there is not a preponderance of evidence indicating that the parent or caregiver was involved.

 

Relevant Statutes & Regulations:  N.J.S.A. 9:6-8.10; N.J.S.A. 9:6-8.10a; N.J.S.A. 9:6-8.13;   N.J.S.A. 9:6-8.14;   N.J.S.A. 9:6-8.21;   N.J.S.A. 30:4C-12; N.J.A.C. 10:129

 

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© ACNJ 2009