As a parent, your top priority is ensuring that your child feels safe, protected, and loved. That's why, if you're accused of neglecting or abusing your child, you're probably feeling shocked and disturbed by the allegations. And you will rightly have concerns about what any subsequent investigations could mean for the family relationships you cherish so deeply.
It's crucial that anyone accused of child abuse or neglect acts quickly to protect their position. The aim is to mitigate the damage that such accusations could have. But to do so, all involved must first understand how the investigations could unfold and what the process involves. Below, our attorneys explain how child abuse and neglect accusations work in Paterson, NJ, and what steps you might take to limit the long-term consequences of such accusations.
Do you require assistance with a child abuse or neglect matter? Call the Lento Law Firm Family Law Team at 888.535.3686 or complete our contact form to retain our services.
New Jersey's Division of Child Protection & Permanency
New Jersey's Division of Child Protection & Permanency (DCP&P) is the government agency responsible for investigating child abuse and welfare concerns across Paterson. Part of the New Jersey Department of Children and Families, the DCP&P oversees each step of child neglect and abuse investigations, from receipt of the initial complaint to arranging child protection.
Given the DCP&P's goal of preserving child welfare, the division has significant powers to investigate any reports that suggest a child is at risk of abuse or neglect. Such powers include:
- Interviewing the affected child without consent or the presence of the parent
- Seeking court orders to enter the child's home
- Inspecting a child for injuries
- Reviewing medical records and photographs
- Removing the child from the home if there are concerns for the child's immediate welfare
DCP&P investigators can also seek restraining orders (ROs) to protect children from their alleged abuser, and they can even pursue criminal charges against individuals if abuse or similar offenses are suspected.
Paterson DCP&P Reports and Investigations
DCP&P investigations begin with an initial complaint or concern raised by a member of the public or professional, such as a teacher or healthcare professional. Before commencing investigations, however, DCP&P teams will consider whether the accusation relates to abuse or neglect—the distinction is important.
- Child abuse: When a parent, caregiver, or guardian deliberately inflicts physical, sexual, or emotional harm upon a person aged 18 or under.
- Child neglect: Causing a child harm by failing to provide for their basic needs, such as food, shelter, or clothing.
It's a disorderly person's offense in Paterson to fail to report suspected child abuse or neglect. If the concerned individual is a professional, such as a doctor or social worker, then they have mandatory reporting requirements, which means they are duty-bound to report concerns. What this all means is that the DCP&P receive a significant number of complaints each year, many of which are unfounded, unsubstantiated, or exaggerated. The Lento Law Firm attorney can help you challenge such false accusations as swiftly as possible.
The DCP&P Investigation Process in Paterson
When DCP&P investigators receive a complaint, they should complete a preliminary investigation within 24 hours. At this point, the complaint should be dismissed or assigned to a caseworker for a fuller investigation.
Should the DCP&P receive a complaint, a letter will arrive from a local office. There are two offices in Passaic County, and if you're in Paterson, either office could commence investigations.
During the investigation process, caseworkers may take actions such as:
- Requesting medical records from the family physician or local hospital
- Interviewing the affected child and possible witnesses such as neighbors, teachers, and social workers
- Entering the family home to inspect its suitability and to identify areas of concern, e.g., lack of food or adequate shelter
Where possible, the DCP&P aims to keep families together, as this stability and certainty is typically in the child's best interests. However, caseworkers can seek urgent removal of a child from the home if they suspect there's an imminent risk of harm. In less serious cases, the caseworker will attempt to collaborate with the named individual by providing recommendations to support the child's welfare. They will perform regular inspections to ensure that these recommendations are followed.
Should it be an emergency, or if there are concerns about the named individual's ability to care for the child, the DCP&P will file court proceedings.
Paterson DCP&P Court Procedures
In Paterson, the DCP&P commences the process by submitting an Order to Show Cause. To be successful, the DCP&P must show it has sufficient grounds to seek a certain remedy, e.g., the child's removal from the home.
If the court agrees that the case can proceed, the steps are as follows:
- Preliminary Hearing: The judge considers if, on the preliminary evidence, there is cause to proceed.
- Fact-Finding Hearing: The judge considers the evidence in more detail. This stage involves considering the admissibility and strength of evidence presented by the DCP&P and the accused.
- Dispositional Hearing: The court considers how to dispose of the case, i.e., whether a child removed from the home can return or if further action is necessary.
- Review Hearing: Should the accused be ordered to attend rehab or counseling, this order will be reviewed after the dispositional hearing.
- Permanency Hearing: The court considers how the case should be resolved e.g. if the child should be removed from the home permanently.
How the Lento Law Firm Family Law Team Can Help
Child neglect or abuse accusations are highly distressing, and they can lead to deep feelings of uncertainty, stress, and anxiety. At this confusing and difficult time, you need an attorney to stand by your side. And that's why you should turn to the Lento Law Firm Family Law Team. Our lawyers will walk you through the entire investigation process, protect your legal rights, and fight for the fairest possible outcome. From the moment you retain us, we're on your team, and we're committed to advocating your side of the story.
Get the legal representation you deserve and respond swiftly to DCP&P investigations in Paterson, NJ. Contact the Lento Law Firm Family Law Team on 888.535.3686 or tell us about your case online now.
