Expungement of Child Abuse Reports in New Jersey
New Jersey Statute 9:6-8.11 requires the Division of Child Protection and Permanency, formerly known as the Division of Youth and Family Services (“DYFS”), to memorialize all reports of alleged child abuse in a child abuse registry. All such reports must be investigated. Upon conclusion of its investigation, the reports are assigned one of three classifications: Substantiated, not substantiated, and unfounded. Parties dissatisfied with the assigned classification can appeal.New Jersey statutes contain no provision to expunge reports classified as substantiated or not substantiated. It is only classifications of unfounded that can be expunged. Expungement of unfounded records, in fact, is required. The statute that requires it is N.J.S. 9:6-8.40a. The statute requires Child Protection and Permanency to administratively expunge those records.
Child Protection and Permanency has promultated regulations that implement N.J.S. 9:6-8.40a. Those regulations are codified in the New Jersey Administrative Code at N.J.A.C. 10:129-8.2. Under N.J.A.C. 10:129-8.2, unfounded entries will be routinely expunged only for findings made after April 6, 1997. There is a three-year waiting period. Expungements of entries made on and before April 6, 1997, must be specifically requested. N.J.A.C. 10:129-8.2 specifies how those requests are to be made.
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