Your child is precious. They are, understandably, your top priority. So, if you're accused of neglecting or abusing your child, it's natural to panic. After all, there's a risk of long-term or even irreparable damage to your family relationships due to such accusations.
However, it's important to stay calm. Your goal must be to handle child abuse or neglect allegations as quickly and effectively as possible. And that's where we can help. There's too much at risk for you to go it alone—call the Lento Law Firm Family Law Team instead at 888.535.3686 or complete our contact form to schedule a meeting.
What Is the New Jersey Division of Child Protection & Permanency?
In New Jersey, the Department of Child Protection and Permanency (DCP&P) takes responsibility for protecting children across the state. It's part of the wider NJ Department of Children and Families (DCF). The DCP&P's goals are to promote child welfare, foster healthier family relationships, and investigate allegations of child neglect or abuse should issues arise.
The DCP&P has significant legal authority. In the interests of child welfare, it can take various actions to fully investigate child abuse and neglect accusations. Such actions include:
- Interviewing the affected child without consent
- Inspect a child for injuries (unless they know the child will shortly be examined by a medical professional)
- Seek court orders to enter the home, should the accused not let them enter voluntarily
- Remove the child from the home if they believe the child is in imminent danger
It's important to remember that the DCP&P does more than just remove children from allegedly unsafe homes or place them in foster care. It also actively seeks to hold adults accountable for abuse or neglect against children. This could mean seeking restraining orders (ROs) against the person so that they can no longer remain in the family home. In some cases, it could even mean pursuing criminal charges against them for neglect, abuse, or related offenses.
DCP&P Reports and Investigations in Essex County, New Jersey
The DCP&P investigates child abuse and neglect. Although these sound similar, they are distinctly different allegations.
- Child abuse: The deliberate infliction of emotional, physical, or sexual harm upon a child under 18 years of age by a parent, caregiver, or guardian.
- Child neglect: Impairing or harming a child by failing to provide shelter, clothes, nutrition, medical care, or other basic needs.
Every investigation begins with a complaint. The DCP&P should investigate every initial complaint within 24 hours of receiving the allegations. Should the department decide that there may be merit to the accusations, they will begin investigating in earnest.
The DCP&P has six offices across Essex County. The accused person may receive correspondence from one of these offices or be expected to attend there, depending on the circumstances.
Mandatory Reporting Requirements for Child Abuse and Neglect in Essex County
Anyone who suspects child abuse or neglect should report their suspicions, or they could face disorderly person charges. And some individuals, such as medical professionals, are duty-bound to report their suspicions. These are known as mandatory reporters. Contact the Lento Law Firm if you are unsure whether you are required to report an incident or what will happen now that you have filed a report.
How DCP&P Cases Proceed in Essex County, NJ
Investigations involve interviewing witnesses such as neighbors, teachers, and doctors. The DCP&P may wish to enter your home to inspect the environment, and they may seek access to health records. Although such investigations can be disruptive and highly stressful, the Lento Law Firm Family Law Team supports all accused individuals throughout the entire process.
It's often possible to resolve matters less formally or administratively with the DCP&P. After all, the goal is to keep families together where possible to provide continuity and certainty for the child. The DCP&P may continue to liaise with the accused to ensure that any recommendations – or obligations – are being followed.
If there's no agreement or informal solution, or the DCP&P wishes to take emergency action, the case may proceed to court.
Essex County DCP&P Court Process
Should the case proceed to a court hearing, the process in Essex County is as follows.
- Order to Show Cause: The initial order in which the DCP&P must show it has a right to take emergency action against the accused.
- Preliminary Hearing: Should a judge decide that there is cause, the case proceeds to a fact-finding hearing. Otherwise, it could be dismissed at this stage.
- Fact-Finding Hearing: A judge considers the evidence presented by the DCP&P and the accused.
- Dispositional Hearing: The court determines if the child can return home following the accusations or if further action is required. In other words, they “dispose” of the case.
- Review Hearing: Review hearings take place if there's an order for the accused to attend counseling, rehabilitation, or similar programs. They do not happen in every court case.
- Permanency Hearing: The court must decide a permanent course of action for the child. The accused can – and should – present their own solution for consideration.
How the Family Law Team at the Lento Law Firm Can Help
If you're accused of child abuse or neglect, it is an incredibly stressful and confusing time. You may be concerned about what these accusations will mean for your future relationship with your children, and such allegations understandably take a toll on your mental well-being.
At the Lento Law Firm, our Family Law Team understands what you are going through. We help individuals across Essex County and New Jersey navigate DCP&P investigations, ensuring that they feel supported and, most importantly, understood. And when we represent you, we will do our utmost to secure the most favorable possible outcome. We will ensure your rights are respected, and we will help you fight to protect your family's future.
With the Lento Law Firm Family Law Team on your side, you are never alone. Contact us now at 888.535.3686 or schedule a meeting online to get started.
