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Articles Posted in child abuse

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Supreme Court of New Jersey Assesses Constitutionality of “Not Established” Investigatory Findings by the Department of Children and Families

It happens in family and matrimonial disputes that litigants are investigated by the Department of Children and Families, which investigate claims of child abuse and neglect.  In a recently published decision in S.C. v. New Jersey Department of Children and Families, the Supreme Court of New Jersey addressed whether findings…

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New Jersey Appellate Division Addresses Whether a Family Court Judge May Infer That a Defendant Who Invokes the Right Against Self-Incrimination is Culpable in a Title IX Hearing

In this Appellate Division case entitled New Jersey Division of Child Protection and Permanency v. S.K., A-2734-15 (App.Div. August 31, 2018), the defendant argues the Family Part Judge improperly drew an adverse inference against him when he invoked his right against self-incrimination under the Fifth Amendment to the United States Constitution and…

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New Jersey Appellate Division Bars the Requirement for a Parent to Admit a Criminal Wrongdoing as a Condition to Seek Parenting Time With One’s Child

On August 15, 2017, the New Jersey Appellate Division approved for publication the decision in the matter of E.S. v. H.A (A-3230-14T2 and A-3256-14T2), in which the Appellate Division addressed whether a parent may be required to admit to a crime as a condition for that parent to be able to make…

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Child Abuse – If you see something, DO something.

We have all now probably seen or heard the public service announcement of “If you see something, say something.” which is usually in the context of witnessing suspicious package or person. On May 17, 2017 the Supreme Court of New Jersey, in affirming the ruling the of the Appellate Division…

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New Jersey Appellate Division Addresses the Due Process Rights of Mother Faced with an “Established” Finding of Child Abuse or Neglect Without an Evidentiary Hearing

On February 1, 2017, the New Jersey Appellate Division published its opinion in the case of New Jersey Division of Child Protection and Permanency v. V.E., A-0586-15T4 — A.3d —- (2017). V.E. is the mother of R.S. now age nine.  V.E. appealed an administrative finding of the New Jersey Division…

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