Child Neglect in New Jersey

New Jersey does not take accusations of child neglect lightly. After a notable dip in reports in New Jersey during the pandemic, child neglect reports are on a steady climb, with more and more parents facing scrutiny. Although reports don't immediately result in legal or criminal consequences, they can still be devastating to a family's dynamic. Plus, false or misleading accusations of severe neglect risk tearing a family apart if parents cannot adequately defend themselves.

At the same time, child neglect is a real threat. Depending on child custody arrangements and prior court orders, parents cannot simply take whatever action they feel necessary to limit neglect without violating the terms of the agreements. If you are worried about your child's health and well-being due to the actions of a family member or caregiver, making a child neglect report can jumpstart the process of removing them from a dangerous situation.

The Lento Law Firm is well-versed in New Jersey's child abuse laws and understands the risks that parents and children alike face regarding accusations and instances of neglect. Our Family Law Team can work with you to defend against child neglect accusations or begin protecting your child from harm if you suspect others are forgoing their caregiving duties. Call today at 888-535-3686 or contact us through our website to speak with the Lento Law Firm and get started.

The Unique Aspects of Child Neglect in New Jersey

New Jersey defines child neglect as instances when a caregiver fails to meet the basic needs or welfare of a child under their care. Examples of situations that may constitute child neglect in New Jersey include:

  • Failure to provide necessities: Situations where a child lacks sufficient food, clean clothing, proper housing, or medical care and suffers as a result.
  • Educational neglect: Not ensuring a child's attendance at regular schooling as required by New Jersey educational requirements.
  • Inappropriate placement: Continuously placing a child in an institution or environment known to be harmful to their physical or mental development, such as a daycare.

Although New Jersey law provides explicit examples of certain forms of neglect, it also states that neglect occurs whenever parents fail to do "any act necessary for the child's physical or moral well-being." Each child is unique, and so are their needs. Accusations of child neglect might arise if someone notices parents ignoring the unique physical or moral demands of the child under their care.

Child neglect is distinct from other forms of child abuse and harm because it often involves a failure to act or omission rather than a deliberate harmful act. However, that doesn't mean child neglect is any less serious than other forms of abuse. Parents and guardians have responsibilities under New Jersey law, and claims of ignorance might not be enough to prevent serious consequences.

New Jersey understands and respects every child's right to physical and emotional safety and well-being. State officials often take swift action to investigate and address child neglect when they receive reports, and your future is at risk if neglect accusations come your way. The Lento Law Firm is experienced in protecting New Jersey parents from these threats and should be your first call when responding to child neglect accusations. Call today at 888-535-3686 to get started.

Accusations of Child Neglect in New Jersey

Although child neglect accusations may result in criminal charges, most situations initially involve administrative and family court processes rather than immediate criminal proceedings. New Jersey's Division of Child Protection & Permanency (DCPP) is the state agency that intakes reports, investigates parents, and implements measures to protect New Jersey children from neglect. The DCPP process typically follows the following steps:

  1. Report Submission: A report is made to the DCPP hotline by a mandatory reporter or concerned individual. Mandatory reporters include teachers and medical professionals who routinely interact with children and can potentially notice ongoing signs of child neglect.
  2. Initial Investigation: Caseworkers visit the child's home to evaluate safety conditions and gather evidence of subpar conditions regarding housing, clothing, or cleanliness.
  3. Family Interviews: Caseworkers interview the involved child, parents, and other family members who may know of the neglect.
  4. DCPP Involvement: DCPP may implement a safety plan if the neglect accusations have merit, ordering supervised visitation, parenting classes, or temporary custody adjustments.
  5. Court Involvement: In severe cases, the DCPP may petition the court to intervene, such as through restraining orders.

Just because things are not ideal does not necessarily mean that child neglect is present. Many New Jersey parents undergo temporary struggles that make providing for their kids a challenge, whether that's a medical emergency or sudden job loss. If someone makes a report to DCPP during this time, caseworkers might believe at first glance that the parents are neglecting their children by not providing them with everything they need.

At the same time, false or exaggerated reports are another significant risk, even if they don't have any underlying basis. Investigations by DCPP are stressful and often humiliating for parents just trying to provide for their kids. They must explain their choices and deal with the fact that someone reported them to New Jersey for neglecting their child. Even if the facts of the matter are on your side, you should still work with the Lento Law Firm when falsely accused of child neglect to guarantee your side of the story is fairly presented to DCPP.

Regardless of where your accusations come from, the Lento Law Firm can assist throughout all aspects of DCPP investigations following allegations of child neglect. Our Family Law Team understands New Jersey child neglect investigatory processes well and can help with preparation and evidence gathering, including:

  • Proper Documentation: Maintaining accurate records of medical visits and school communications fights back against accusations of neglect.
  • Advocation of Your Rights: Parents have the right to legal representation and to present evidence during DCPP investigations or court hearings. The Lento Law Firm knows what to tell caseworkers and how to present your side of the story.
  • Requirements Throughout Investigations: You must follow the rules even when facing false allegations of neglect. Failing to cooperate with DCPP or ignoring their requests can worsen the situation and lead to even more severe consequences.

The Lento Law Firm wants to help if accusations of child neglect in New Jersey are threatening the safety and security of your family. Call today to speak with our Family Law Team and learn about your legal rights and options.

Restraining Orders and Child Neglect in New Jersey

Restraining orders (ROs) in New Jersey provide one method to protect children from harmful or neglectful situations. While most people associate ROs with domestic violence, courts can also use them to restrict specific actions or behaviors of the accused parent to prevent neglect from continuing. ROs might arise during separations and typically supersede any considerations present in custody arrangements. In cases involving children, ROs often include provisions such as:

  • Communication Prohibition: Prohibit direct or indirect communication with the child.
  • Residence Exclusions: Require the accused to leave a shared residence where the child lives.
  • Supervised Visitation: Limit contact to monitored settings and supervised interactions.

Minors cannot typically file for restraining orders, but they can be added to an RO when neglect or other safety concerns are present. The process generally involves:

  1. Filing the Complaint: A parent, guardian, or DCPP representative submits a complaint to the Family Division of the Superior Court detailing incidents of neglect.
  2. Issuance of a Temporary Restraining Order (TRO): Courts can grant a TRO to provide short-term protection, such as removing the accused from the same home as the child.
  3. Hearing and Evidence Review: Within 10 days, a hearing is held to evaluate evidence and provide the court with relevant information for a final decision.
  4. Final Restraining Order (FRO): Courts can issue a FRO that effectively acts as a way to prevent further neglect by that parent's hand.

Restraining orders in New Jersey can protect your child from further neglect, but they can also unfairly limit your involvement in your child's life and upbringing. Whether you aim to file with the courts or contest a TRO, the Lento Law Firm can help. Unfair or false accusations of child neglect, even without substantial evidence, are still extremely risky to handle on your own. Call our Family Law Team today at 888-535-3686 to get started.

Protecting Families from Child Neglect in New Jersey

The threats parents face from child neglect cases are real and significant, whether defending against allegations or taking action to protect a child. Restraining orders are one of many tools available to address child neglect in New Jersey, but securing a restraining order and including your child is not always a straightforward process. When your future relationship with your child is at stake, work with dedicated Family Law attorneys in New Jersey to guarantee the best possible outcome.

The Lento Law Firm has extensive experience in all aspects of New Jersey child neglect and abuse cases. Call our Family Law Team today at 888-535-3686 or contact us through our confidential online form to provide information and get started.

Contact a Family Law Attorney Today!

Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu