Child Abuse Allegations Against a Teacher In New Jersey

In In re Allegation of Physical Abuse Concerning L.R., 321 N.J. Super. 444, 449-50, 729 A.2d 463 (App.Div.1999), the Court held that DYFS has statutory authority to find that child abuse allegations against a teacher were "not substantiated," but that it has "concerns" the teacher's conduct may pose a risk of harm to his or her students. The Court also concluded that although DYFS has the authority to report its concerns and recommendations to the school district that employs a teacher, it does not have the statutory authority to order a district to take corrective action or submit a remedial plan. Id. at 452-56, 729 A.2d 463. Finally, the Court concluded that DYFS may transmit an investigatory finding that child abuse allegations against a teacher were "not substantiated," but that "available information . . . provides some indication that a child was harmed or placed at risk of harm," N.J.A.C. 10:129A-3.3(a)(2), to the school district that employs the teacher and to the child's parents, without affording the teacher an opportunity for an evidentiary hearing. Id. at 456-61, 729 A.2d 463. In reaching this conclusion, the Court noted that DYFS' findings were "purely investigatory." Id. at 458, 729 A.2d 463. DYFS' regulations establish three categories of findings that may be made as a result of a child abuse investigation: "Substantiated" when the available information, as evaluated by the Division representative, indicates that a child is an abused or neglected child as defined in N.J.A.C. 10:133-1.3 because the child has been harmed or placed at risk of harm by a parent, caretaker, temporary caretaker or institutional caretaker. "Not substantiated" when the available information, as evaluated by the Division representative, provides some indication that a child was harmed or placed at risk of harm, but does not indicate that the child is an abused or neglected child as defined in N.J.A.C. 10:133-1.3; or "Unfounded" when: i. There is no evidence of conduct that would pose risk to the child; ii. There is no evidence that a parent, caretaker, temporary caretaker, institutional caretaker or child was involved; or iii. the available information indicates that the actions of the parent, caretaker, temporary caretaker, or institutional caretaker were necessary and reasonable and the incident was an accident. N.J.A.C. 10:129A-3.3(a).