NJSBA to argue amicus position at Supreme Court this week

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November 18, 2019
Contact: Kate Coscarelli

NEW BRUNSWICK - New Jersey State Bar Association (NJSBA) Treasurer Jeralyn Lawrence will argue the organization’s position before the state’s highest court Monday in a family law case.
The NJSBA is an
amicus curiae in the matter of the state Division of Child Protection and Permanency v. S.C. The NJSBA will argue that the category of “not established,” which is used in cases involving claims of child abuse and neglect, should be abolished because of the amorphous standard of review.
Currently, the category provides services for parents/caregivers who do not meet the preponderance of the evidence standard, but where there has been an “indication” of putting a child in harm’s way. In the current matter, the parent or caregiver was reported to the division, which found the claim to be “not established,” but did not provide an opportunity to appeal the finding. The finding remains in the division’s files indefinitely, and may be made available in at least 23 different scenarios according to the statute.