N.J. Admin. Code § 3A:10-7.5

Current through Register Vol. 56, No. 7, April 1, 2024

Section 3A:10-7.5 - Factors to be considered in determining a finding of substantiated or established

(a) The Department representative shall consider the aggravating factors below in determining if abuse or neglect should be substantiated or established:

1. Institutional abuse or neglect;

2. The perpetrator's failure to comply with court orders or clearly established or agreed-upon conditions designed to ensure the child's safety, such as a child safety plan or case plan;

3. The tender age, delayed developmental status, or other vulnerability of the child;

4. Any significant or lasting physical, psychological, or emotional impact on the child;

5. An attempt to inflict any significant or lasting physical, psychological, or emotional harm on the child;

6. Evidence suggesting a repetition or pattern of abuse or neglect, including multiple instances in which abuse or neglect was substantiated or established; and

7. The child's safety requires separation of the child from the perpetrator.

(b) The Department representative shall consider mitigating factors below in determining if abuse or neglect should be substantiated or established:

1. Remedial actions taken by the alleged perpetrator before the investigation was concluded;

2. Extraordinary, situational, or temporary stressors that caused the parent or guardian to act in an uncharacteristic abusive or neglectful manner;

3. The isolated or aberrational nature of the abuse or neglect; and

4. The limited, minor, or negligible physical, psychological, or emotional impact of the abuse or neglect on the child.

N.J. Admin. Code § 3A:10-7.5

New Rule, R.2013 d.055, effective 4/1/2013.
See: 44 N.J.R. 357(a), 44 N.J.R. 2437(a), 45 N.J.R. 738(a).
Former N.J.A.C. 10:129-7.5, Other notification at conclusion of investigation, recodified to N.J.A.C. 10:129-7.8.