Parents want to keep their children safe and protect them from harm. If you are accused of child abuse or neglect by a spouse or another family member, the news can be overwhelming. However, the accusations must be responded to immediately in order to protect you and your children. You may be investigated by the local office of the New Jersey Division of Child Protection and Permanency ( DCP&P). It is essential that you get legal help with the accusation and investigation. The Family Law attorneys at the Lento Law firm stand ready to guide you through your case. Contact us and call 888-535-3686 today.
The New Jersey Division of Child Protection & Permanency ( DCP&P)
The New Jersey DCP&P is responsible for the safety and welfare of children. It will investigate all allegations of child abuse and neglect in New Jersey. If a report is considered worthy of investigation, the report will be referred to the local offices of the DCP&P. In Morris County, New Jersey, the local offices of the DCP&P are in two locations :
The Morris East location is at the Mack-Cali Corporate Center 201 Littleton Road, Lower Level, Morris Plains, NJ 07950.
The Morris West location is at 855 Route 10 East, Randolph, NJ 07869
DCP&P Investigations in Morris County
Any member of the public may report that they suspect a child has been mistreated. The report may also be filed anonymously through a child abuse hotline number in New Jersey: 1-877-NJ ABUSE.
Most reports from any source are responded to promptly if the report is considered actionable.When the local DCP&P in Morris County receives a field report, an investigation is done to assess the safety of the child. The first steps will include interviews with the child, family members, or other relevant persons. This process generally starts within 24 hours of receiving a field report. The DCP&P will coordinate its efforts with other agencies like law enforcement, schools, or medical professionals in order to provide a cooperative and comprehensive response.
A caseworker will be assigned to do the investigation and will contact the family for the initial interview, often done in the child's home, in order to accurately assess the living environment. The DCP&P can then coordinate with other relevant agencies to investigate and offer appropriate support services to the family, such as counseling and parenting skills classes. The plan of services is known as a case plan. The caseworker determines what will help ensure the safety and well-being of the child, and the family must satisfactorily complete this plan of services. However, If the caseworker determines that the child is in immediate danger, they have the authority to remove the child and place them in emergency protective custody and petition the court for further relief for the child by filing a Complaint within 24 hours.
All DCP&P investigations should be completed within sixty days. The person who initially reported the abuse or neglect will remain anonymous. At the end of the investigation period, the person accused of abuse or neglect will receive the written findings of the Morris County DCP&P. In the event that findings of abuse or neglect are substantiated by a preponderance of the evidence in the report, formal court proceedings can be filed against the person accused of neglect or abuse.
Court Procedure in DCP&P Cases in Morris County
Not every substantiated report leads to a formal court hearing. Many families complete their case plans. Also, The administrative decisions of the DCP&P can be appealed by the person subject to the decision. A period of 20 days is given to submit an appeal from an administrative decision of the DCP& P in Morris County.
If the DCP&P does decide to initiate a formal court hearing in Superior Court after an investigation, the procedures will take 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 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.
The Family Law Team at the Lento Law Firm Can Help You Today
All stages of an encounter with the DCP&P can be incredibly demanding and stressful for a parent. It is essential that you do not try to handle these difficulties alone. It is important to gather all the relevant facts to support your position and to ensure the best possible outcome for your child. The Family Law Team at the Lento Law Firm can give you the legal guidance and support that you need during this difficult process. We are experienced in defending DCP&P investigations and hearings in Morris County and throughout the state of New Jersey. If you are facing allegations of child abuse or neglect, contact us and call 888-535-3686 today so that we can help protect all of your legal rights.
