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In a case of first impression, the New Jersey Appellate Division held yesterday that someone charged with substantiated child abuse by the state has a constitutional right to appointed counsel, even if she cannot afford counsel, in administrative proceedings commenced after the charges are filed and on any related appeals. The Court found that the consequences of a substantiated finding of child abuse are so severe and the proceedings are sufficiently complicated, that counsel is necessary under the New Jersey Constitution. The Court also reversed the finding of child abuse and remanded the matter for further proceedings before the Office of Administrative Law.
