NJSBA Family Law Section

While I agree 100 % with Ms. Guston, you should read NJSA 9:6-8.10 before dispensing advice in this area.  And, perhaps, this:

>>We discern in N.J.S.A. 9:6-8.10 a legislative intent to impose a universal obligation to report child abuse whenever a person forms a reasonable belief that a child has been subjected to child abuse. The statute's language and history plainly establish that the enactment was a carefully thought out imposition of a general duty, and that great care was taken when choosing "reasonable belief" as its trigger. We hold that, in light of the statute's language and history, the "reasonable belief" threshold requires an objective assessment of whether given all of the facts and circumstances known at the time a person similarly situated would have held a reasonable belief that child abuse had occurred. That interpretation is neither novel nor new and is consistent with other judicial applications of a "reasonable cause" standard.<<

L.A. v. N.J.D.Y.F.S, 217 N.J. 311, 89 A.3d 553, 556 (2014)

I agree with both previous responders.  If there is no current threat to the safety of the child that your client cannot address within the context of the private custody and parenting time arrangements, there is no need to bring in DCPP.  Once DCPP gets involved, the family usually loses control over how the parenting time and custody will be handled. 

Lynn Norcia, Esq.

Starr, Gern, Davison & Rubin

Generally speaking, I think Hanan is right.  Here is a psychologist/patient case close to point.  There are dicta both analogizing and distinguishing attorney-client privilege:

>>At issue is whether the privilege against disclosure of confidential communications made with respect to the relationship of patient and physician, N.J.S.A. 2A:84A-22.1, N.J.R.E.506 and psychologist and client, N.J.S.A. 14B-28, N.J.R.E. 505, must yield to the obligation imposed upon "any person" to report evidence of child abuse to the Division of Youth and Family Services (DYFS). N.J.S.A. 9:6-8.10 The trial court held that the psychiatrist consulted by defendant John Snell for treatment: (1) properly reported to DYFS the evidence of child abuse disclosed to him by defendant, and (2) could furnish testimony at defendant's trial.<<

State v. Snell, 314 N.J. Super. 331, 714 A. 2d 977, 978  (App. Div. 1998)

Jordan A. Stern, Esq.

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