Disclosure of Child Abuse Records (Part 1)

by | Dec 3, 2018 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On May 24, 2018, the New Jersey Supreme court decided the case of State v. Isaac A. Young. The principal issue was whether N.J.S.A. 9:6-8.10b prohibition against the disclosure of child abuse records applied to the defendant even though he is not affiliated with the Division of Child Protection and Permanency.

The Court issued a per curiam opinion and held in relevant part as follows: An Appellate Division panel vacated defendant’s conviction of permitting or encouraging the release of a confidential child abuse record in violation of N.J.S.A. 9:6-8.10b.  The Court considers the panel’s conclusion that defendant’s conduct is beyond the statute’s reach.

During the 2012 mayoral election in the City of Salem, defendant Isaac A. Young was the executive director of the city’s housing authority. Defendant’s friend and political ally, the incumbent-mayor Robert Davis, was defeated by then-councilman Charles Washington, who was eventually elected mayor. Defendant came into possession of documents sent by the Division of Youth and Family Services, now designated the Division of Child Protection and Permanency (Division), to the City’s police chief.  The documents advised the chief that the Division had substantiated allegations of child abuse against Washington. The allegations were later deemed to be unsubstantiated. Defendant showed the documents to others in his office and gave copies to a police officer, Sergeant Leon Daniels, so that Daniels could distribute the documents to others for political purposes.

Washington found out about the letter’s distribution and called the police chief to his home and showed him the documents that had been mailed out. The chief “recognized the handwriting on the envelopes” as being Daniels’s, and reported the incident to the Salem County Prosecutor’s Office (SCPO). The SCPO initiated an investigation into the release of the confidential documents. Eventually the SCPO determined that Terri Gross, a civilian clerk with the police department, had obtained the documents from the department and given them to Mayor Davis, and that defendant “had nothing to do with” Gross’s release of the documents to Davis.

A “per curiam” opinion is one in which the author is not named. It is traditionally used when the conclusion is based on such an obvious application of the law to the facts that the author has no basis to apply his or her own analysis. Here, a per curiam opinion was issued because the author of the lower appellate court’s opinion did such a thorough and accurate job that the Supreme Court had very little to add to the lower court’s analysis.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the absolute BEST out there!! My experience with him was great he walked me thru everything and got my charges dropped!!!!!
Kat M
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is easy to work with. He explains all the intricate detail in an our language not lawyers lingo. He is also very responsive to questions you communicate to him. All of this and he was able to arrange a very favorable deal on top of being a good guy.
Frank T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Very dedicated lawyer. Highly recommend he communicates very well with you. If you have any doubts he’s always there to answer my questions or concerns. Super nice and understanding, definitely deserves 5- stars in my book .
Hirma O
Google star 1Google star 2Google star 3Google star 4Google star 5
I recommend good lawyer
Norman T
Google star 1Google star 2Google star 3Google star 4Google star 5
I was afraid, I got myself into a tough situation and thought there was no way out of it. Not only was I given help to lower my case but I was given the best possible outcome something I never thought was possible. Month of stress is now gone because of the help I was given. Spend the money now it could save you a ton in the future.
Ryan H
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great Guy, would recommend him!
Adam W
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely professional. He returned my emails or phone calls right away and did not hesitate to answer any questions that I had about my legal issues. He played bargained with the prosecutor and got five out of six of my offenses dismissed. I highly recommend him.
Jalang63