Department Of Children And Families, Division Of Child Protection And Permanency v. E.D.-O.

121 A.3d 832 (2015)

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Nature of the Case

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Facts

In May 2009, E.D.-O. (D) left her sleeping nineteen-month-old child unattended for approximately ten minutes in a locked motor vehicle with the motor running. D was arrested and charged with endangering the welfare of her child. Police referred the matter to the Division (P). A P caseworker substantiated the allegation of neglect and P filed a complaint against D and her husband, pursuant to N.J.S.A. 9:6-8.21 to -8.73 (Title 9), seeking care and supervision of their four children. D then filed an appeal of the substantiation of neglect finding and requested an administrative hearing. P denied the request pending resolution of the criminal charges and the protective services litigation. The Title 9 complaint was resolved by a consent order, and D renewed her administrative appeal of the substantiation determination. D filed a notice of tort claim with various State agencies, including P. P filed a motion seeking an order (1) summarily affirming P's decision to substantiate neglect against D., and (2) denying her request for a hearing. D filed a cross-motion for summary disposition. P denied D's request for a hearing, granted P's motion for summary disposition, and ordered that D's name be placed in the Central Registry, pursuant to N.J.S.A. 9:6-8.11. It held that D failed to identify a contested fact that required an evidentiary hearing; therefore, P was not required to forward D's appeal to the Office of Administrative Law (OAL). D appealed, and the Appellate Division affirmed holding that a hearing in the OAL was unnecessary because D's actions plainly constituted gross neglect. The Court granted certification.