Parents have a lot on their plates, worrying about report cards, teenage dating, and kids who refuse to do their chores. They shouldn't have to worry about sudden, unfounded investigations of child abuse or neglect spurred by anonymous reports. However, in Passaic County, it's possible to wake up one day and face these massive risks to your future.
An investigation by New Jersey's Division of Child Protection and Permanency (DCP&P) introduces tremendous uncertainty to your family. The Lento Law Firm can defend against accusations of abuse or neglect and help prevent disruptions to you and your child's relationship. Contact our Family Law Team today at 888-535-3686 or contact us through our website to schedule your initial consultation.
New Jersey's Division of Child Protection & Permanency
You may not have heard of New Jersey's DCP&P, but they have an important role. DCP&P is a division of the state's Department of Children and Families that protects children from instances of abuse or neglect. When they believe a child is in danger, they can take drastic action, up to and including removing the child from their home.
Removal isn't the only tool DCP&P has at its disposal. After receiving information about the alleged abuse, DCP&P often investigates further, gathering evidence against the child's guardian that may be used in criminal and civil courts.
The risk of DCP&P removing your child from the home is always present if someone levies allegations against you. However, assuming investigators see another path forward, they may recommend alternatives, such as substance abuse programs. When you contact the Lento Law Firm Family Law Team, our job is to prevent DCP&P reports from escalating into serious action by the division.
DCP&P Cases and Reporting in Passaic County
Local county DCP&P offices conduct investigations when reports allege child abuse or neglect within their jurisdiction. Passaic County has two local DCP&P offices, one in Paterson and another in Wayne. Should someone make a report against you, case workers from one of these two locations will reach out to investigate further.
DCP&P in Passaic County primarily investigates two types of child harm:
- Child Neglect: Instances where a parent or guardian fails to provide a safe or healthy environment to their child through inadequate shelter, medical care, clothing, or nutrition.
- Child Abuse: Serious instances of physical, sexual, or emotional harm or abuse to minor children committed by their parent or guardian.
Child abuse and neglect are extremely dangerous and harmful, so Passaic County DCP&P investigates all credible reports they receive. If someone has suspicions of ongoing abuse or neglect, New Jersey law requires them to make a report. If they don't, prosecutors may charge them with a disorderly person offense. Whether you need to make a report or are under scrutiny after someone accused you of abuse, the Lento Law Firm can guide you on what to do next.
How Do DCP&P Investigations Start in Passaic County?
Once a concerned citizen reaches out to DCP&P and provides details of potential abuse or neglect, caseworkers from one of Passaic's local offices will visit the child's home and speak to those involved. If they arrive at your doorstep, they will want to hear from you, the child, and anyone else in the home who can shed light on the situation.
Caseworkers will continue their investigation by speaking to others who may know the child, such as doctors, teachers, babysitters, and neighbors. If you block caseworkers from accessing your home or talking to your child, they may seek a court order.
DCP&P investigations can be long and stressful, but they have a definitive endpoint. DCP&P must end their investigation within sixty days and mail you their findings. If the allegations have merit, DCP&P will often begin court proceedings to protect the child.
DCP&P investigations can arise from completely anonymous reports. If someone alleges that you are committing child abuse or neglect, you will not learn their identity unless they come forward. Similarly, you do not have to worry about retaliation or backlash if you make a good-faith report.
Passaic County DCP&P Court Process
When investigators find evidence substantiating a report's claims, DCP&P can begin court proceedings to determine penalties and establish a long-term solution for the child. In Passaic County, these DCP&P court proceedings generally include the following steps:
- Order to Show Cause: DCP&P must first demonstrate to the court why they are beginning these proceedings against a parent or guardian.
- Preliminary Hearing: During preliminary hearings, the court will look at initial evidence from the investigation to decide whether the case should continue.
- Fact-Finding Hearing: DCP&P will present the court with the allegations and corresponding evidence against you. You and your attorneys have the opportunity to present evidence as well to defend your name and rebuff DCP&P's arguments.
- Dispositional Hearing: After hearing from both sides, the court will decide your case's outcome. If they determine that abuse or neglect exists, they can order various punishments and solutions, such as removing the child from the home and mandating counseling for parents.
- Review Hearing and Compliance: If courts order parents or guardians to commit to counseling or programs, they will periodically review their progress in such programs.
- Permanency Hearing: After one year of an ongoing case, the court will recommend a solution for the child's permanent placement. Parents and guardians can present their own plans and details as to why they believe the child should come home.
Court proceedings are often very emotional. Luckily, not all DCP&P cases require long, drawn-out court appearances. The Lento Law Firm Family Law Team can negotiate with DCP&P to reach a mutual agreement and help you appeal unfavorable administrative decisions.
Call the Lento Law Firm Family Law Team for Assistance in Passaic County
No parent wants to lose their child. But, when someone makes a DCP&P report against you, the risks are high, especially without legal representation to help you through the process. Call the Lento Law Firm today at 888-535-3686 or contact us through our online form to start defending against allegations of child abuse or neglect in Passaic County.
