Being a parent is the most important job you will ever have. Parents don't always get it right; you're human, but that doesn't mean you don't want what's best for your child every moment of the day. You're doing your best, so when someone alleges that you have abused your child, it can be incredibly upsetting.
The New Jersey Division of Child Protection and Permanency (DCP&P) will be involved from the start. DCP&P's job is to protect children in Edison and throughout New Jersey, and they won't always give you the benefit of the doubt. You may not be sure what to do when they contact you. Perhaps you're ashamed of the allegation, even if it's baseless, and don't want to draw attention to your family, but you must act immediately.
The best way to limit these allegations' negative impact on you and your family is to get help from the Lento Law Firm Family Law Team. We provide legal guidance while working with DCP&P to find the best solution for your family. Don't wait for help; call us today at 888-535-3686 or online.
What Does the New Jersey Division of Child Protection and Permanency Do?
As mentioned above, DCP&P's role is to protect children in New Jersey from abuse and neglect. They are tasked with investigating all reports of child abuse against New Jersey children. Part of this process can include removing children from homes when DCP&P believes the child is in imminent danger.
DCP&P also works with prosecutors and law enforcement in building legal cases against child abusers. Legal action can include restraining orders or changes to custody. Criminal charges can even be on the cards.
DCP&P's goal isn't to focus on legal action against those accused of abuse, even if it is part of their responsibilities. DCP&P tries to keep families together by connecting families with the resources they need while ensuring that children are safe going forward.
DCP&P Cases and Reporting in Edison Township
There are DCP&P offices in every county in New Jersey. The DCP&P office located in Edison is the Middlesex Central office. If you're accused of child abuse in Edison, this is the office you can expect to be hearing from.
Reports of child abuse and neglect get to DCP&P in a few ways. People can report child abuse to law enforcement by calling 911 or using the New Jersey Child Abuse and Neglect Hotline. DCP&P accepts reports from anyone who calls in. New Jersey is a mandatory reporting state. This means that any person who suspects a child is being abused or neglected, even if they don't have proof, is required to report under New Jersey Law. While anyone who suspects abuse must report it, the most common reporters include teachers, daycare employees, doctors, nurses, family, friends, and others who come in close contact with your child.
If you suspect someone is abusing your child, you need to act immediately. While you might think handling that matter alone is better, you are legally required to report. You could be facing charges if it comes out that you didn't report when you suspected your child was being abused by a partner, former partner, or anyone else. At the Lento Law Firm, we know this is a scary and overwhelming time, but our Family Law Team is here to help. You never need to go through this process alone.
How Do DCP&P Investigations Start in Edison Township?
Once DCP&P receives a report of child abuse or neglect, things move quickly. The investigation must be completed within 60 days of DCP&P receiving the report. It will immediately assign the report to a caseworker (a social worker) who will open an investigation. Investigations include interviewing you, your child (if age-appropriate), other members of your household, and anyone else who may be familiar with the situation.
Your first instinct might be to push back on the investigation, but the assigned DCP&P caseworker can get a judge or police involved, and you don't want that. Being cooperative in DCP&P investigations is the best way to go. Your Lento Law Firm attorney will be there to ensure your rights are protected.
Once the investigation is over, DCP&P will send you a letter stating whether the abuse or neglect was substantiated. If there is evidence your child was harmed, they can connect you with resources to help your family. There may also be legal proceedings as a result of substantiated cases.
Edison Township DCP&P Court Process
If DCP&P decides legal action is necessary, they will start court proceedings. DCP&P doesn't take legal action in every case, but you and your family should be prepared and familiar with the process. Your Lento Law Firm attorney will be there to explain the process and what to expect in further detail. Here is a general overview of the process:
Order to Show Cause
DCP&P is required to show proof of bringing the legal action. Usually, DCP&P will do this by providing affidavits from witnesses and your child, if age-appropriate.
Preliminary Hearing
The next step is a preliminary hearing, at which the court will decide whether the case has a basis and whether it should continue based on the evidence presented.
Fact-Finding Hearing
The fact-finding hearing is when evidence is presented in detail, and arguments are made from both sides, DCP&P and the accused party.
Dispositional Hearing
After the fact-finding hearing, the court will decide if there was abuse or neglect in the case. This decision will be discussed at a dispositional hearing. At this time, the court will also decide whether the child should be returned home, what mandated treatment programs, educational programs, or other programs the accused person must participate in, and other plans.
Review Hearings
Review hearings are for the accused person. These hearings are check-ins with the court to ensure the accused person complies with the court order.
Permanency Hearing
When the DCP&P legal action stays open for more than a year, the court conducts a permanency hearing to lay out the long-term permanent plan. The accused person can propose an alternative plan at this hearing, which will involve a discussion to come to the best possible solution for the child.
The Family Law Team at the Lento Law Firm Can Help
Whether you're being accused of child abuse or neglect, or your child is facing abuse from another person, the process is a stressful one. When your child's safety or your right to have a relationship with your child, you can't afford to go in alone. At the Lento Law Firm, we are here to support you. Start working with our Family Law Team today by calling 888-535-3686 or contacting us online.
