Site Map Icon
RSS Feed icon
 
 
 
April 27, 2018
Important Links
Teamsters Western Region and Local 177 Health Care Plan
Express Scripts
TEAMSTER (IBT)
OSHA
NJ DEPT OF LABOR/DISABILITY
JOINT COUNCIL 73
ASPIRE CREDIT UNION
TEAMStar
Teamster News Headlines
 
New Teamster Business Agents Learn the Ropes at TLA Training
California Legislator Seeks To End Exploitation Of Port Truck Drivers
Teamsters Warn FAA Amendment Could Overturn State, Local Trucking Laws
Teamsters File for Mediation at Flexjet, Flight Options
Bloomberg: McKesson's Board Clears Itself of Fault on Opioid Oversight
ABF Voter Information Mailed; Votes Due by May 8
First Student Westmont Bus Monitors Vote to Join Teamsters Local 777
Teamsters, ALPA, IPA Statement on Single-Pilot Cargo Aircraft
Powering Forward in the Public Sector
Airgas Workers Join Teamsters Local 174
 
     
Child Abuse Registry
Updated On: Aug 29, 2011

  Pursuant to New Jersey Law, a finding that a parent or guardian committed child abuse or neglect results in the abuser's name being placed on the Department of Youth and Family Services (DYFS) Child Abuse Registry. A listing on the Registry can have negative consequences on future employment, and also may preclude recreational involvement with kids such as serving as a coach. Two recent New Jersey Supreme Court decisions have refined the definition of "child abuse" and "neglect" in the State, and have limited the circumstances in which a parent may be placed on the Child Abuse Registry.

   In DYFS vs.T.B., 2011 WL 3425666 (NJ Sup. Ct. 2011), the Supreme Court held that a mother who accidentally left her four year old child unsupervised for two hours, believing that the child's grandmother was home, did not "neglect" the child and deserve to be on the Registry. More specifically, the mother and child lived with the child's grandparents. The mother and child lived in the downstairs portion of a ranch-style home, and the grandparents lived upstairs and frequently supervised the child. One Sunday evening,  the mother and child were returning home from visiting family when the child fell asleep in the car. Upon arriving home, the mother saw the grandmother's car in the driveway and assumed the grandmother was at home (according to the mother and grandmother, the grandmother was "always" home on Sunday evenings). The mother put the child to bed and went out to dinner with a friend. However, the grandmother was not home that evening, and the child panicked when he woke up without any adult supervision. He crossed the street and went to a neighbor's house, who called the police. The mother returned home between 9:30pm and 10:00pm, found the police at her house, and was transported (but not arrested) to the police station to make a statement.

   Therafter, DYFS conducted an investigation, and held that the mother neglected the child by failing to adequately supervise him. The Appellate Division affirmed, but the Supreme Court reversed the decision, holding that a parent only commits child neglect if he/she fails to exercise a minimum degree of care in supervising the child, which requires conduct that is grossly negligent or reckless to constitute neglect or abuse. In this case, the Court held that the mother was plainly negligent, but not grossly negligent, when she left her child unsupervised for two hours because she mistakenly thought the grandmother was home. While the mother obviously should have checked to see if the grandmother was home, her conduct did not constitute child neglect. As a result, the holding was reversed and the mother's name was removed from the DYFS Child Abuse Registry.

   Similarly, in DYFS v. P.W.R., 205 NJ 17 (2011), the Supreme Court held that a child's father and stepmother, although by no means stellar parents, did not abuse and neglect their sixteen-year old daughter. The child told her grandfather that her stepmother was "slapping her around" and taking money she earned working at a fast-food establishment. The grandfather called DYFS, which conducted an investigation. DYFS removed the child from the home immediately because there was no central heat in the home, the child had not been to the pediatrician in two years, the father admitted that the step-mother had slapped the child in the face and taken some of her earnings for cable bills, and the parents restricted the child's ability to see her grandfather. A hearing was held at Superior Court, Family Part, to determine whether removal of the child from the home was appropriate, and the Family Part held that DYFS had proven its allegations of abuse and neglect and removal was appropriate. The Appellate Division affirmed.

   However, the Supreme Court reversed the decision, holding that the actions of the father and stepmother did not fall below the minimum degree of care required by the Statute. Specifically, the court held that occasionally slapping the teenager in the face as a form of discipline, which did not result in bruises, scars, lacerations, fractures, or any other medical ailment, did not constitute "excessive" corporal punshment: it was not "neglect or abuse", even though there was no central heat in the home, as the parents could not afford to have it fixed and they were using space heaters instead: requiring the working age child to contribute to support the family was not a reason for DYFS to remove the child from the home: there was no evidence that the child was in imminent danger because she had not seen a pediatrician in two years; and the parents had the right to restrict the child's visitation with her grandfather. Accordingly, the Court reversed the lower court's decision that the parent abused and neglected the child.

   In sum, the definition of child abuse and neglect in this State has recently been clarified by the Supreme Court. The conduct described above, while unfortunate, did not constitute abuse and neglect, and makes clear that the Supreme Court will require that improper conduct towards a minor must be intentional and significant before a parent's placement on the DYFS "child abuse" registry will be permitted.


<< April 2018 >>
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
Weather Report
Contact Congress!
Enter Zip code:
ORGANIZE TODAY!

 Learn more about organizing your workplace.

Contact Teamsters Local 177 at:

(973)923-7070

Google
YAHOO NEWS LINK
Current News Via Yahoo News
http://rss.news.yahoo.com/rss/us
Current Campaigns
  • This Web page provides the latest updates for the national contract, riders and supplements that cover about 3,500 Teamsters at DHL Express.

  • We Are eXPOsing XPO’s Global Greed

    XPO Logistics is a top ten global logistics and transportation company with annual revenue of $15 billion and 89,000 employees, another 10,000 workers classified as independent contractors, and thousands more working for firms that subcontract with XPO. We are the REAL workers at XPO Logistics worldwide exposing the truth about the company’s global greed, illegal wage theft, unsafe conditions, and abhorrent and vicious anti-worker, anti-union tactics. 

    This greed includes mistreating former Con-way Freight workers in the United States who are being kept in the dark about terminal closures and layoffs, and the company’s illegal refusal to bargain contracts and denying their workers’ federally protected right to organize. It also includes port, rail and last-mile drivers around the country and in Southern California fighting wage theft in excess of $200 million because they are misclassified as independent contractors and denied the right to form their union. This greed has caused numerous lawsuits and strikes.  Greed also means an unsafe workplace and mistreating its warehouse employees.

    XPO’s greed extends to Europe beginning with breaking its promise to not layoff any workers for at least 18 months. French workers and the unions have been fighting back against XPO’s disrespect, lies and attempts to slash jobs. Similar struggles are taking place in Great Britain, Spain, Belgium, the Netherlands, and across Europe.

    Join the worldwide struggle now! Get involved with this campaign by joining the Facebook group “XPO Exposed.”

    Together, we can eXPOse the company’s global greed and win fairness, respect and dignity for tens of thousands of XPO employees around the world!

  • This page provides the latest contract information to the 7,500 Teamsters—drivers, dockworkers and office staff—employed by ABF Freight System, Inc.

  • Workers’ pensions are being endangered by both Congress and those charged with overseeing them. The Teamsters and our members are standing united to say “No!” to cuts and “Yes!” to greater retirement security!

  • The ‘Let’s Get America Working!’ campaign seeks to restore a dynamic and prosperous middle class to drive economic growth by helping to advance policy decisions that create and maintain good middle-income jobs, guarantee retirement security, expand access to the American Dream, and ensure that the benefits of the ongoing economic recovery are felt by the many, not just the few.

  • This webpage provides information on the Teamsters Union’s legislative advocacy at both the federal and state level as well as our field activity to support those policy positions and to get strong labor candidates elected to office.  Among other resources, you will find our federal legislative scorecard, formal statements of policy position and communications to Capitol Hill,  a weekly update on federal legislative happenings, an overview of bills we are tracking at the state level, and quick links to take action on priority issues.

  • This web page provides information on the ongoing effort to renegotiate the North American Free Trade Agreement (NAFTA). Since 1994, NAFTA has devastated working families, putting corporate profits ahead of people.  What’s worse is that NAFTA has become the blueprint for all other trade agreements, from the way that it was negotiated in secret, to the bad provisions that have made their way into every agreement that has been signed since then.  Now, NAFTA is being renegotiated and we demand that it be reframed to work for workers instead of corporate interests.

  • The Teamsters have stood in solidarity with worker struggles in other countries since our founding. With economic globalization, our ability to organize increasingly depends on our ability to build alliances with workers on a global scale.
    More than ever, Teamsters are organizing and bargaining with multi-national companies. A key objective of our Global Strategies Campaign is to build strong alliances with unions around the globe who organize and bargain with common employers. Our focus is on workers in the emerging global supply chains – the infrastructure of globalization.
    Globalization creates new opportunities for international worker solidarity. We seek common cause with workers around the world to build social justice for all workers and the communities in which they live.

  • The contributions of black members to the success of the Teamsters Union are numerous, varied and as old as the union itself. This month, the Teamsters Union spotlights some of those contributions.

 
 
Teamsters Local 177
Copyright © 2018, All Rights Reserved.
Powered By UnionActive™

279420 hits since Sep 22, 2008
Visit Unions-America.com!
Login

Top of Page image