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NJ DCF Logo with reverse copy

 

New Jersey Department of Children and Families Policy Manual

 

Manual:

CP&P

Child Protection and Permanency

Effective Date:

4-24-2018

Volume:

X

Forms

Chapter:

A

Forms

Revised Date:

4-6-2020

Subchapter:

1

Forms

Issuance:

9.83

DCF Form 9-83, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU)

 

 

Click here to view, print, or complete the DCF Form 9-83, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU) for a change from Substantiated to Unfounded or not substantiated.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-83(s).

 

Click here to view, print, or complete the DCF Form 9-83a, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU) for a change from Substantiated to Established.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-83a(s).

 

Click here to view, print, or complete the DCF Form 9-83b, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU) for a change from Established to Unfounded.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-83b(s).

 

Click here to view, print, or complete the DCF Form 9-83c, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU) for a change from Substantiated or Established to Not Established.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-83c(s).

 

Click here to view, print, or complete the DCF Form 9-83d, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU) for a change from Not Established to Unfounded.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-83d(s).

 

Click here to view, print, or complete the DCF Form 9-83e, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU) for a change from Not Established to Established.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-83e(s)

 

Click here to view, print, or complete the DCF Form 9-83f, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU) for a change from Not Established to Substantiated.

 

Click here to view, print, or complete this form in Spanish, DCF Form 9-83f(s)

 

WHEN TO USE IT

 

To notify previously identified perpetrators/appellants and other appropriate parties when a finding has been reversed, the Local Office, Institutional Abuse Investigation Unit (IAIU), and Public Defender Conflict Investigation Unit (PDCIU) use the:

 

·         DCF Form 9-83, Notice of Change of Child Abuse or Neglect Finding (CP&P/IAIU), from Substantiated to Unfounded or "not substantiated" (for investigations conducted prior to April 1, 2005),

 

·         DCF Form 9-83a when a finding has been changed from Substantiated to Established,

 

·         DCF Form 9-83b to provide notice of a change from Established to Unfounded,

 

·         DCF Form 9-83c to provide notice of a change from Substantiated or Established to Not Established,

 

·         DCF Form 9-83d to provide notice of a change from Not Established to Unfounded, and

 

·         DCF Form 9-83e to provide notice of a change from Not Established to Established.

 

·         DCF Form 9-83f to provide notice of change from Not Established to Substantiated.

 

WHEN TO COMPLETE THE FORM:

 

·         During the appeal process by DCF or the courts, or

·         During a case practice review; and

 

·         When "substantiation" letters were previously issued. "Other appropriate parties" include all individuals who received a notice of the original "substantiated" finding determination (e.g., State or local police, facility Administrator).

DCF Forms 9-83, 9-83a, 9-83b, 9-83c, 9-83d, 9-83e, and 9-83f are prepared for, and signed by, the LO Manager:

 

·         During an appeal, prior to the issuance of a Final Agency Decision (at the initial review requested by the AHU or at the DAG consultation), when the LO Manager determines to reverse a finding of child abuse or neglect;

·         If "substantiation" letters were issued but a subsequent case practice review by the Local Office (generally conducted by a Case Practice Supervisor) reverses the finding; or

·         If "substantiation" letters were sent while the case was in litigation, and the Family Court makes a disposition that no abuse or neglect occurred.

DCF Forms 9-83, 9-83a, 9-83b, 9-83c, 9-83d, 9-83e, and 9-83f are prepared for, and signed by the Director of IAIU or his or her designee during a review, upon determining to reverse an IAIU finding. IAIU sends the IAIU Form 3-30, Notice to Law Enforcement to Destroy Information Regarding Child Abuse or Neglect Incident, to notify the local/State police/law enforcement authority of the reversal of findings.

The Public Defender Conflict Investigation Unit uses the appropriate form (DCF Form 9-83, DCF form 9-83a, DCF Form 9-83-b, DCF Form 9-83c, DCF Form 9-83c, DCF Form 9-83d, DCF Form 9-83e, or DCF Form 9-83f when its finding is reversed.

 

Note:  The DCF Administrative Hearings Unit (AHU) completes the DCF Form 9-84, to make notice to previously identified perpetrators/appellants and to other appropriate parties. The Local Office, IAIU, PDCIU, and AHU complete the DCF Form 9-82 to notify the non-offending parent/caregiver that the finding is reversed.

 

CONFIDENTIALITY

 

When preparing DCF Forms 9-83, 9-83a, 9-83b, 9-83c, 9-83d, 9-83e, or 9-83f take precautions to respect the confidentiality of agency files and client information. When there are multiple previously identified perpetrators/appellants:

 

·         Write separate, individualized notices to each previously identified perpetrator/appellant whose finding was reversed on appeal.

·         Provide information pertinent to that individual only. Do not include identifying information about any other previously identified perpetrator(s) or appellant(s) associated with the investigation.

HOW TO USE IT

 

·         Within 30 days of the reversal in findings, prepare this notice using the attached template.

·         Follow the instructions given below for check box choices that will appear in the dialog box. This will format the notice for the appropriate responses based on the applicable option. The unwanted options will disappear.

·         Depress the tab key to navigate between the text fields and drop-down boxes in the template.

·         Print the notice on office letterhead. IAIU staff use Central Office IAIU letterhead.

TIPS FOR COMPLETING THE FORM

 

·         When completing the list of recipients, enter each recipient's name and title or relationship to the child (e.g., appellant, Chief of Police of the (town) Police Department, Captain of the NJ State Police Troop (A to E), facility Administrator).

·         Contact the Administrative Hearings Unit at (609) 888-7070 with any questions regarding a specific investigation/reversal of findings related to an appeal.

If this is an appeal, enter the reversal of findings into the Appeals Window in NJS, which will automatically change (prefill) the findings in the Investigation Tab. The Local Office Manager enters the reason for the reversal in the comments section of the Appeals Window. See NJS How Do I Guide - Legal Forms.

·         If the Local Office Manager or the Director of IAIU reverses a finding due to a Family Court disposition or case practice review, and a "substantiated" finding was previously entered into NJS, call the NJS Help Desk to change the findings in the NJS application in the Investigation Tab. See CP&P-II-C-6-400, the section entitled Documenting Modifications in Findings in NJS (Not Related to an Appeal). Also document the reversal and reasons for the change in the electronic case record in NJS on the Contact/Activity Notes Window, printable as CP&P Form 26-52, Contact Sheet. Access the form through the NJS Desktop > Contact/Activity Notes Window > Options Drop-down. Document the reversal and reasons in the "Supervisory>Other" options.

DISTRIBUTION

 

Original                      -    Previously Identified Perpetrator/Appellant

 

-       Other parties, who were advised of the finding of "substantiated" (now reversed), as applicable:

 

o  State/local police (IAIU completes IAIU Form 3-30 instead of

                                                 this form when notifying the police. CP&P notifies the police

                                                 of a reversal of findings using this form.)

 

o  Facility Administrator

 

o  Others, as permitted under N.J.S.A. 9:6-8.10a

 

-       Local Office Manager

 

-       Director of IAIU (other IAIU files, as applicable)

 

-       Administrative Hearings Unit, if an appeal

 

-       Public Defender Conflict Investigation Unit, as applicable

 

-       Child's case record

 

 

HISTORY

 

3-16-2020

 

4-24-2018

 

8-2010 (new form)