Supreme Court of New Jersey

Department of Children and Families, Division of Child Protection and Permanency, Petitioner-Respondent v. E.D.-o…

August 20, 2015223 N.J. 166

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the Division must refer the mother’s appeal to the Office of Administrative Law for a full evidentiary hearing and that the statutory definition of neglect requires evaluating the risk of harm at the time of the parent’s conduct, not at the time of fact‑finding. The Court rejected the Division’s categorical approach and found that placement on the Central Registry is unwarranted absent a present or continuing risk of harm.