NJAJ’s amicus curiae efforts once again have produced positive results for New Jersey residents – this time in the case of New Jersey Division of Child Protection and Permanency v. J.R.-R.where the New Jersey Supreme Court unanimously ruled that in child abuse and neglect cases the burden of proof is on the state to prove the cause of the abuse or neglect and common law doctrine should not serve to shift that burden upon accused parents or caretakers.

The unanimous decision, written by Justice Barry T. Albin, reversed an Appellate Division decision in the case and made clear that shifting the burden of proof to accused parents is not permitted under state law.

“We have no authority to import the burden-shifting equitable doctrine of conditional res ipsa loquitur from our tort law into Title Nine, a comprehensive and carefully conceived statutory scheme in which the Legislature has determined that DCPP (Division of Child Protection and Permanency) bears the burden of proving by a preponderance of the evidence that a parent or guardian has committed an act of child abuse or neglect” Albin wrote.

The justices accepted NJAJ’s amicus position that the burden of proof in these cases belongs to the state and cannot be moved to a different party.

“To be clear, we reject the burden-shifting paradigm … because it is in conflict with the statutory framework of Title Nine,” Albin wrote.

Thank you and congratulations to Steven M. Resnick, Esq., who argued the case on behalf of NJAJ and Angela M. Scafuri, Esq., who wrote the amicus brief.

You can get involved in our amicus efforts and become an NJAJ Amicus Advocate.

Briefs and oral argument before the Appellate Divisionand the New Jersey Supreme Courtare done by volunteer NJAJ Amicus Advocates. If you would like to help with our amicus efforts, please send an email to info@nj-justice.org.

If you have a case you would like NJAJ to consider entering as an amicus, you can submit that information online.