Parents worry about their children and want to keep them safe and away from harm. It can be devastating news to hear that you have been accused of child abuse and neglect in Hudson County, New Jersey. These accusations represent serious charges against you and your family and need to be addressed right away with the help of experienced legal professionals. You may be under investigation by the local office of the New Jersey Division of Child Protection and Permanency (DCP&P). Even if you think that the accusation and investigation are groundless, It is vital that you have professional legal representation during this investigation phase. Get help today from the Family Law Team at the Lento Law Firm. Contact us or call 888-535-3686.
The New Jersey Division of Child Protection& Permanency ( DCP&P)
New Jersey DCP&P is the agency within the New Jersey Department of Children and Families that is responsible for the protection and safety of children. It investigates all allegations of child abuse and neglect and is authorized to take the necessary steps to protect a child and treat a family.
If a report is considered actionable, the report will be referred to the local offices of the DCP&P. In Hudson County, New Jersey, the local offices of the DCP&P are in four locations:
Hudson Central LO- #470
438 Summit Avenue, 4th Floor
Jersey City, NJ 07306
Hudson North LO- #471
Gateway Plaza 4th Floor
1 Harmon Meadow Blvd.
Secaucus, NJ 07094
Hudson South LO- #463
400 Plaza Drive
Secaucas, NJ 07094
Hudson West LO - #464
Gateway Plaza 5th Floor
1 Harmon Meadow Blvd
Secaucus, NJ 07094
DCP&P Investigations in Hudson County
Any member of the public may report the suspected mistreatment of a child. A 24-hour central hotline number in New Jersey, 1-877-NJ ABUSE, is also available to file anonymous reports of abuse or neglect. Any report from any source is responded to promptly and is referred to the local office of the DCP&P in Hudson County if the report is considered actionable.
The Hudson County DCP&P will begin its investigation into the accusation of neglect or abuse of a child by conducting interviews with the child, all other family members, or other relevant persons. The process of investigation is started quickly, generally within 24 hours of receiving a field report of abuse or neglect. The DCP&P will take a comprehensive approach to coordinate their investigation with other agencies such as schools, medical professionals, and law enforcement in order to have a more complete picture concerning the safety of the child.
Every investigation is assigned to a case worker who makes contact with the family for the initial interview, often in the child's home, in order to assess the child's living environment. The caseworker will also do a background check on the family, review any prior cases, and interview the original claimant who filed the report.
The caseworker can network with other agencies to provide appropriate support services for the child and family, such as counseling or parenting skills classes. The plan for providing services is called a case plan. The case worker decides what will best ensure the safety and well-being of the child, and the case plan must be satisfactorily completed by the family. In the event that the caseworker determines that the child is in immediate danger, they have emergency authority to remove the child from the home and place them in emergency protective custody. The caseworker must then petition the court for further relief for the child by filing a Complaint within 24 hours at the Hudson County Superior Court, 595 Newark Ave., Jersey City, NJ. 07306.
The DC&P investigation should be completed within sixty days. At the completion of the investigation phase, substantiated findings of abuse or neglect by a preponderance of the evidence will be given in writing to the family. If formal court proceedings have not been filed, then the family is expected to comply with all treatment measures based on the findings. A family has twenty days after receiving written notice of the findings to file an administrative appeal at the Office of Administrative Law.
Hudson County Superior Court DCP&P Procedures
Not all substantiated findings of abuse and neglect are submitted to the Superior Court in Hudson County. If the DC&P does decide to initiate a formal court hearing, the procedures will be done in the following steps:
- An Order to Show Cause and Complaint- These papers show why the DCP&P believes you have abused or neglected a child and may request the removal of the child from the home. A date will be set for you to appear before the court.
- Preliminary Hearing- At this hearing, the judge decides if the DCP&P can continue with the case and whether the child should be removed from the home.
- Discovery- If the judge decides the DCP&P may proceed, both parties go through an evidence-gathering phase known as discovery.
- Fact Finding Hearing- This is the equivalent of a trial where evidence is presented against you, and you have the right to a defense. It is essential that you are represented by experienced legal counsel at the hearing.
- Dispositional Hearing- At this hearing, the judge will order steps that must be completed if abuse and neglect are determined. Also, the judge decides whether the child can safely live at home or not.
- Review Hearings- These hearings are held to make sure you are in compliance with the steps that the court has ordered.
- Permanency Hearing- If the case remains open for more than a year, the DCP&P will present a long-term stable option for the child. The accused can present an alternative plan. If necessary, parental rights can be terminated at this hearing.
Get Help Today From the Family Law Team at the Lento Law Firm
Every stage of an encounter with the DCP&P is challenging and stressful for an accused family, and it is essential to face these difficulties with the professional legal help that you need. The Family Law Team at the Lento Law Firm is experienced in all aspects of DCP&P hearings in Hudson County and the state of New Jersey. Do not face the allegations of child neglect and abuse alone. Be sure to contact us and call 888-535-3686 today so that we can help protect all of your legal rights.
