Official Site of The State of New Jersey
The Department of Human Services (DHS) Office of Investigations (OI) is responsible for investigating the most serious incidents involving abuse, neglect, or exploitation of individuals receiving services through DHS. A detailed list of allegations and events is outlined on the Incident Reporting Levels and Categories Grid.
What You Should Know
- Most of these cases are assigned directly to OI based on the type of allegation. However, incidents not directly assigned to OI may be referred by the Critical Incident Management Unit (CIMU) after further review.
- Every allegation of abuse, neglect, or exploitation is investigated.
- Even when OI is investigating a case, the service provider must also conduct an internal investigation—unless law enforcement or OI advises them not to.
- Some other serious events, such as certain operational incidents (e.g. fire, theft), may also be investigated by OI.
When Law Enforcement Is Involved
Service providers are required to report the following types of incidents to the police:
- Death
- Physical or Sexual Abuse
- Assault with Injury
- Sexual Assault
- Exploitation
- Neglect with Injury
- Unapproved Restraint with Injury
- Certain operational emergencies
OI works closely with law enforcement, including the Division of Criminal Justice (DCJ) and County Prosecutors, to determine whether criminal action is needed. OI initiates notification to law enforcement through the Division of Criminal Justice (DCJ) for every DDD case that is routed to OI. A copy of the incident report is included in the referral. DCJ may refer the incident to the County Prosecutor’s Office to determine whether any of the allegations amount to criminal conduct.
What to Expect During an OI Investigation
To request a copy of a completed investigation report, submit the Investigation Report Request Form for review.
The guardian will receive a letter and phone call from the assigned OI Investigator.
Guardians are invited to attend the interview with their loved one. If there’s no legal guardian, the individual receiving services can choose whether or not to include a family member.
The Investigator will schedule the interview at a convenient time and explain the process, including a pre-meeting to address your questions.
- The Investigator visits the scene, and begins interviews of all pertinent parties and begins document collection.
- Periodic case conferences are held between the Investigator and Supervisor.
- The Investigator submits drafts at 15-day intervals which are reviewed by the Supervisor.
- Evidence is analyzed and summarized.
- Findings are based on a “preponderance of evidence” standard. “Preponderance of the evidence” means that based on evidence and information gathered through the investigation, an allegation or incident is more likely true than not. A preponderance of evidence is attained when 51 percent of the evidence supports an allegation.
- Immediate health, safety and well-being concerns are discussed with OI’s chain of command and brought to the attention of the provider agency.
- Depending on the finding, the case is closed by the Supervisor, Chief or Director.
- OI works as quickly as possible to complete investigations in a timely manner. If law enforcement is involved, our investigation may be delayed until they provide clearance for OI to begin the civil investigation.
You will receive contact info for your Investigator and their Supervisor. You’re welcome to reach out anytime during the process.
After the investigation is complete, you’ll receive a letter within 30 days of the investigation’s conclusion with:
- A summary of the allegation
- The investigation finding (substantiated or unsubstantiated based on the preponderance of evidence standard)
- An explanation of the outcome
- Any steps taken to protect and support your loved one
- Due to confidentiality laws, OI cannot disclose the name of the person involved.
- The provider may take disciplinary action, including additional training, removal from the program, or termination. If law enforcement is involved, any criminal prosecution happens separately.
- You can contact the Investigator if you want to discuss the results further.
- Whether or not a case is substantiated, if OI identifies concerns, the provider must submit a corrective action plan to address each concern, improve care, and prevent future incidents.
- In most cases, the findings letter has everything you need. If additional information is necessary for your loved one’s care, you can request the full report.
