How Do I Get Recourse For Child Abuse in New Jersey?

Full question:

My daughter was exposed to sexual masturbation when she was 5 by another girl who was 8 during their play date over at another girl's house. When we reported to DYFS my daughter revealed that she was afraid of the girl's mom because when she asked to go to the bathroom she was not let into the house by girl's mom and the girl made her go under trampoline, made her take her under the trampoline and touched her privates. More than a year past and she said that she still remembered it and was still afraid of the girl's mom and that the whole thing bothered her and that she was afraid to say no to a girl because she did not want to lose her as a friend. We reported back in April this year to DYFS and police. In return an anonymous report was made on us that we lock our daughter in her room and sleep for hours, that we neglect her. It was clear to DYFS and police that this report was false and was made as retaliation right after molester's parents were visited by DYFS. The case against us was closed but we are not able to find out the results on our report. DYFS advised us only to speak to school principle and police advised us to move to another region that our daughter will not attend the same school with the other girl. Is this a right solution and can we take any legal actions? Our report to DYFS was anonymous. should we report it again and escalate it against girl's parent since sexual molesting took place under their property and because of lack of supervision?

• Category: Child Abuse
• Date: 04/07/2025
• State: New Jersey

Answer:

Whether you wish to take further action is a matter of personal judgment. It is possible for a person who's not a parent to bring a petition in court to determine another parent's child's welfare. If a final order is issued by the court, it may be appealed. Such actions are civil in nature and involve determining the custody rights of a parent who is claimed to be unable to properly care for the child.

It is also possible to criminal charges against another for abuse to one's own child. The type of action to take will depend such factors, among others, as whether you are claiming the child or the parent is responsible for the harm and whether there was sexual penetration. I suggest you contact a local attorney who can review all the facts and circumstances involved.

The following are NJ statutes:

9:6-8.9. "Abused child" defined

For purposes of this act:

"Abused child" means a child under the age of 18 years whose
parent, guardian, or other person having his custody and control:

a. Inflicts or allows to be inflicted upon such child physical
injury by other than accidental means which causes or creates a
substantial risk of death, or serious or protracted disfigurement,
or protracted impairment of physical or emotional health or
protracted loss or impairment of the function of any bodily organ;

b. Creates or allows to be created a substantial or ongoing risk
of physical injury to such child by other than accidental means
which would be likely to cause death or serious or protracted
disfigurement, or protracted loss or impairment of the function of
any bodily organ; or

c. Commits or allows to be committed an act of sexual abuse
against the child;

d. Or a child whose physical, mental, or emotional condition has
been impaired or is in imminent danger of becoming impaired as the
result of the failure of his parent or guardian, or such other
person having his custody and control, to exercise a minimum
degree of care

(1) in supplying the child with adequate food,
clothing, shelter, education, medical or surgical care though
financially able to do so or though offered financial or other
reasonable means to do so, or

(2) in providing the child with
proper supervision or guardianship, by unreasonably inflicting or
allowing to be inflicted harm, or substantial risk thereof,
including the infliction of excessive corporal punishment or using
excessive physical restraint under circumstances which do not
indicate that the child's behavior is harmful to himself, others
or property; or by any other act of a similarly serious nature
requiring the aid of the court;

e. Or a child who has been willfully abandoned by his parent or
guardian, or such other person having his custody and control;

f. Or a child who is in an institution as defined in section 1
of P.L. 1974, c. 119 (C. 9:6-8.21) and (1) has been so placed
inappropriately for a continued period of time with the knowledge
that the placement has resulted and may continue to result in harm
to the child's mental or physical well-being or (2) has been
willfully isolated from ordinary social contact under
circumstances which indicate emotional or social deprivation.

A child shall not be considered abused pursuant to subsection f.
of this section if the acts or omissions described therein occur
in a day school as defined in section 1 of P.L. 1974, c. 119 (C.
9:6-8.21).

9:6-1. Abuse, abandonment, cruelty and neglect of child; what
constitutes

Abuse of a child shall consist in any of the following acts:

(a) disposing of the custody of a child contrary to law;

(b)
employing or permitting a child to be employed in any vocation
or employment injurious to its health or dangerous to its life
or limb, or contrary to the laws of this State;

(c) employing
or permitting a child to be employed in any occupation, employment
or vocation dangerous to the morals of such child;

(d) the
habitual use by the parent or by a person having the custody and
control of a child, in the hearing of such child, of profane,
indecent or obscene language;

(e) the performing of any indecent,
immoral or unlawful act or deed, in the presence of a child, that
may tend to debauch or endanger or degrade the morals of the
child;

(f) permitting or allowing any other person to perform any
indecent, immoral or unlawful act in the presence of the child
that may tend to debauch or endanger the morals of such child;

(g)
using excessive physical restraint on the child under
circumstances which do not indicate that the child's behavior is
harmful to himself, others or property; or

(h) in an institution
as defined in section 1 of P.L. 1974, c. 119 (C. 9:6-8.21),
willfully isolating the child from ordinary social contact under
circumstances which indicate emotional or social deprivation.

Abandonment of a child shall consist in any of the following
acts by anyone having the custody or control of the child:

(a)
willfully forsaking a child;

(b) failing to care for and keep the
control and custody of a child so that the child shall be exposed
to physical or moral risk without proper and sufficient
protection;

(c) failing to care for and keep the control and
custody of a child so that the child shall be liable to be
supported and maintained at the expense of the public, or by child
caring societies or private persons not legally chargeable with
its or their care, custody and control.

Cruelty to a child shall consist in any of the following acts:

(a) inflicting unnecessarily severe corporal punishment upon a
child;

(b) inflicting upon a child unnecessary suffering or pain,
either mental or physical;

(c) habitually tormenting, vexing or
afflicting a child;

(d) any willful act of omission or commission
whereby unnecessary pain and suffering, whether mental or
physical, is caused or permitted to be inflicted on a child;

(e)
or exposing a child to unnecessary hardship, fatigue or mental or
physical strains that may tend to injure the health or physical or
moral well-being of such child.

Neglect of a child shall consist in any of the following acts,
by anyone having the custody or control of the child:

(a)
willfully failing to provide proper and sufficient food, clothing,
maintenance, regular school education as required by law, medical
attendance or surgical treatment, and a clean and proper home, or

(b) failure to do or permit to be done any act necessary for the
child's physical or moral well-being. Neglect also means the
continued inappropriate placement of a child in an institution, as
defined in section 1 of P.L. 1974, c. 119 (C. 9:6-8.21), with the
knowledge that the placement has resulted and may continue to
result in harm to the child's mental or physical well-being.

9:6-8.35. Preliminary procedure.

15. Preliminary procedure. The division may, with the safety of
the child of paramount concern:

a. Confer with any person seeking to file a complaint, the
potential respondent, and other interested persons concerning the
advisability of filing a complaint under this act; and

b. Attempt to adjust suitable cases before a complaint is filed
over which the court apparently would have jurisdiction.

c. The division shall not prevent any person or agency who wishes
to file a complaint under this act from having access to the court
for that purpose.

d. Efforts at adjustment under this section may not extend for a
period of more than 30 days without an order of a judge of the
court, who may extend the period for an additional 30 days.

e. Such adjustment may include a preliminary conference held by
the division at its discretion upon written notice to the parent
or guardian and the potential complainant for the purpose of
attempting such adjustment, provided however that the
division shall not be authorized under this section to compel any person to
appear at any conference, produce any papers, or visit any place.

f. The Superior Court, Chancery Division, Family Part and the
division shall deal with cases involving imminent physical harm or
actual physical harm on a priority basis.

9:6-8.70. Appealable orders

50. Appealable orders. An appeal may be taken as of right from
any final order of disposition and from any other final order made
pursuant to this act. An appeal from a final order or decision in
a case involving child abuse may be taken as of right to the
Appellate Division of the Superior Court. Pending the
determination of such appeal, such order or decision shall be
stayed where the effect of such order or decision would be to
discharge the child, if the Superior Court, Chancery Division,
Family Part or the court before which such appeal is pending finds
that such a stay is necessary to avoid imminent risk to the
child's life or health.

9:6-8.33. Originating proceeding to determine abuse or neglect

a. A proceeding under this act is originated by the filing of a
complaint in which facts sufficient to establish that a child is
an abused or neglected child under this act are alleged.

b. Where more than one child is the responsibility of the parent
or guardian it may be alleged in the same complaint that one or
more children are abused or neglected children.

c. In cases of emergency, in addition to the removal of one
child, any other child residing in the home may also be removed if
his immediate removal is necessary to avoid imminent danger to his
life or health.

9:6-8.34. Persons who may originate proceedings

The following persons may originate a proceeding under this act:

a. A parent or other person interested in the child.

b. A duly authorized agency, association, society, institution
or the division.

c. A police officer.

d. Any person having knowledge or information of a nature which
convinces him that a child is abused or neglected.

e. A person on the court's direction.

f. The county prosecutor.

g. In cases where a private individual is unwilling or reluctant
to file a complaint, he may request the division to initiate a
complaint in his stead.

2C:14-2 Sexual assault.

a. An actor is guilty of aggravated sexual assault if he commits an act
of sexual penetration with another person under any one of the following
circumstances:

(1) The victim is less than 13 years old;

(2) The victim is at least 13 but less than 16 years old; and

(a) The actor is related to the victim by blood or affinity to
the third degree, or

(b) The actor has supervisory or disciplinary power over the victim by
virtue of the actor's legal, professional, or occupational status, or

(c) The actor is a resource family parent, a guardian, or stands
in loco parentis within the household;

(3) The act is committed during the commission, or attempted
commission, whether alone or with one or more other persons, of robbery,
kidnapping, homicide, aggravated assault on another, burglary, arson or
criminal escape;

(4) The actor is armed with a weapon or any object fashioned in such a
manner as to lead the victim to reasonably believe it to be a weapon and
threatens by word or gesture to use the weapon or object;

(5) The actor is aided or abetted by one or more other persons
and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal
injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was
physically helpless, mentally defective or mentally incapacitated.

Aggravated sexual assault is a crime of the first degree.

b. An actor is guilty of sexual assault if he commits an act of
sexual contact with a victim who is less than 13 years old and the
actor is at least four years older than the victim.

c. An actor is guilty of sexual assault if he commits an act of sexual
penetration with another person under any one of the following
circumstances:

(1) The actor uses physical force or coercion, but the victim does not
sustain severe personal injury;

(2) The victim is on probation or parole, or is detained in a
hospital, prison or other institution and the actor has supervisory or
disciplinary power over the victim by virtue of the actor's legal,
professional or occupational status;

(3) The victim is at least 16 but less than 18 years old and:

(a) The actor is related to the victim by blood or affinity to
the third degree; or

(b) The actor has supervisory or disciplinary power of any nature
or in any capacity over the victim; or

(c) The actor is a resource family parent, a guardian, or stands
in loco parentis within the household;

(4) The victim is at least 13 but less than 16 years old and the
actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

2C:14-3 Criminal sexual contact.

a. An actor is guilty of aggravated criminal sexual contact if
he commits an act of sexual contact with the victim under any of
the circumstances set forth in 2C:14-2a. (2) through(7).

Aggravated criminal sexual contact is a crime of the third
degree.

b. An actor is guilty of criminal sexual contact if he commits
an act of sexual contact with the victim under any of the
circumstances set forth in section 2C:14-2c. (1) through(4).

Criminal sexual contact is a crime of the fourth degree.

2C:14-4. Lewdness

a. A person commits a disorderly persons offense if he does any
flagrantly lewd and offensive act which he knows or reasonably
expects is likely to be observed by other nonconsenting persons
who would be affronted or alarmed.

b. A person commits a crime of the fourth degree if:

(1) He exposes his intimate parts for the purpose of arousing or
gratifying the sexual desire of the actor or of any other person
under circumstances where the actor knows or reasonably expects he
is likely to be observed by a child who is less than 13 years of
age where the actor is at least four years older than the child.

(2) He exposes his intimate parts for the purpose of arousing or
gratifying the sexual desire of the actor or of any other person
under circumstances where the actor knows or reasonably expects he
is likely to be observed by a person who because of mental disease
or defect is unable to understand the sexual nature of the actor's
conduct.

c. As used in this section:

"lewd acts" shall include the exposing of the genitals for the
purpose of arousing or gratifying the sexual desire of the actor
or of any other person.