M.O. v. Department of Children and Families

Amicus brief challenging the validity of the "not established" investigative finding--one that effectively creates a permanent record of wrongdoing for parents even where the State admits that they cannot prove abuse or neglect.

When the Division of Child Protection & Permanency investigates a family for suspected abuse or neglect and the evidence falls short, the Division can still issue a finding of “not established.” That record is retained indefinitely referenced by DCP&P in other types of proceedings and parents do not have any mechanism to challenge or expunge the finding. The ACLU-NJ's amicus brief argues that DCP&P did not have the authority to create “not established” as a determination and that its consequences injure parents' constitutionally protected reputational interests. Because “not established” is a vague result, it allows for both implicit and explicit bias to influence decisions that impact communities of color disproportionately. The ACLU-NJ urges the court to abolish the "not established" category entirely, or in the alternative, reform it to create necessary procedural guardrails.