Q: Can I sue for breach of confidentiality for a child abuse report in NJ?

A: As a general statement, when someone makes a claim of child abuse to DCPP, it is viewed as confidential. I'm not sure what occurred in your setting and whether the DCPP rep actually told your son that you had reported him, or if your son guessed the reporting came from you and you then confirmed it (ie he told you that the DCPP rep told him that you were the one who reported it and you then admitted it to him). But the bigger issue is governmental immunity and rest assured that the DCPP rep's notes will reflect that you were asked about confidentiality and their notes reflect that you waived same. So from a litigation standpoint, you may be able to find a law firm willing to take on your matter but the prospects of success are not good.

On to the biggest issue outstanding, your son and your relationship with him. You reported him to DCPP for potential child abuse - and presumably, you had good reason to do so. Since its now out in the open, maybe this is where you need to sit down with him or with other family members to talk about your concerns in a way designed to assist your son and / or provide your grandchild with needed protections.

A: New Jersey law requires that all child abuse reports made to the Department of Children and Families be kept confidential, with disclosure only permitted under specific circumstances outlined in N.J.S.A. 9:6-8.10a. While the identity of individuals who report suspected child abuse is generally protected, there are exceptions that allow disclosure in certain situations, particularly in court proceedings.

Under The Child Abuse Treatment and Prevention Act ("CAPTA"), a confidentiality exception exists if state agencies have reason to believe the information received is "false or misleading." However, the law also provides that individuals making reports in good faith cannot be subjected to civil or criminal liability. Your potential legal recourse would depend on whether you explicitly requested confidentiality and if there was documentation of this request, as well as whether the disclosure falls under one of the legal exceptions.

If you believe your confidentiality rights were violated, you may pursue legal action through the Chancery Division of the Superior Court. Given the complexities of child protection laws and the emotional aspects of your situation, I would recommend consulting with a New Jersey attorney experienced in family law and administrative matters who can evaluate the specific details of your case and advise on the most appropriate course of action.