Being a parent entails many responsibilities, among them ensuring that your child is safe from abuse or neglect. And in New Jersey, anyone who suspects that a child is being abused or neglected is legally obligated to report it to authorities. Unfortunately, unlike in other states where mandated reporters, who are in professions such as teaching or healthcare, are given training on signs of abuse or neglect to look for, individuals in New Jersey who suspect abuse or neglect must rely on their own best judgment. Someone with good intentions may trigger an investigation that implicates you in suspected abuse of your child. Conversely, if you suspect someone is abusing your child, for example, a teacher or your former spouse, you must make a report.
In either case, it is important to have skilled, knowledgeable legal counsel. Contact the Family Law Team at the Lento Law Firm for the legal guidance you need. You can reach us by phone at 888-535-3686, or you can share your information via our contact form.
The New Jersey Division of Child Protection & Permanency and Reporting Suspected Child Abuse or Neglect
In the New Jersey Department of Children and Families, the Division of Child Protection & Permanency (DCP&P) is responsible for investigating reports of abuse or neglect of a child under eighteen by a parent or guardian or someone entrusted with their care. All reports of suspected child abuse or neglect should be made to the State Central Registry and can be done so anonymously. Failing to report suspected child abuse or neglect is a “disorderly persons” offense in New Jersey, which can result in a sentence of up to six months in jail and a fine of up to $1,000. The Family Law Team at the Lento Law Firm can advise you if you need to make a report or have already done so.
Opening DCP&P Cases in Salem County
Salem County is one of the New Jersey counties that lie along the Delaware River on the southwestern side of the state. It covers about 373 square miles and has a population of nearly 65,000. Its sole DCP&P office is located in Salem, which is about midway on the western side of the county and no more than about thirty miles from any other municipality in Salem County.
Within twenty-four hours of a report of suspected abuse or neglect of a child in Salem County being made to the State Central Registry, the Salem DCP&P office begins an investigation. The allegations fall into one or both these categories:
Child abuse – Examples of child abuse include selling illegal drugs in the presence of a child; isolating a child from friends and family members; preventing a child from attending school; sexually molesting a child; regularly using profane language in front of a child; and cruel treatment of child such as constantly insulting and degrading them.
Child neglect – Examples of child neglect include regularly leaving a child alone without supervision; failing to seek needed medical care for a child; and leaving dangerous objects or weapons where a child can easily access them.
DCP&P Investigations in Salem County
A caseworker from the Salem County DCP&P begins any investigation of suspected child abuse or neglect by visiting the child's home within twenty-four hours of a report being made. The caseworker will interview the child and the person entrusted with their care, such as their parent or guardian, as well as any other occupants of the residence. The caseworker will also inspect living conditions such as level of cleanliness, availability of food, heat, and hot water. If any occupant of the home refuses to speak to them, the caseworker can seek help from a judge or law enforcement. If the child seems to be in immediate danger, for example, if they are severely underweight or have unexplained bruises and scars, the caseworker may remove the child from the home immediately.
The caseworker may also interview others who interact with the child, such as doctors, teachers, or therapists, and they may also conduct additional home visits and review medical or school records. The caseworker must complete their investigation within sixty days.
After a caseworker completes an investigation, they assign the case to one of one of the following four categories: Substantiated, Established, Not Established, or Unfounded. DCP&P sends a letter summarizing the caseworker's findings to the child's parent, guardian, or caregiver. If the allegations are found to be Substantiated, then DCP&P caseworker will develop a plan to address the issues with remedies such as family counseling or substance abuse treatment for the abuser. Some cases are serious enough that DCP&P removes the child from the home; they may also suggest prosecution of the abuser.
The Salem County DCP&P Court Process
In some—not all—cases, DCP&P initiates a court proceeding after their investigation. They begin by issuing an Order to Show Cause, which lays out their proof for the accusations; it must include affidavits from witnesses. At a preliminary hearing, the court uses that order to determine whether the case should move forward to a fact-finding hearing. In this proceeding, DCP&P introduces its evidence in support of its accusations; the accused person may also present evidence in their defense. If the court determines there was abuse or neglect, a dispositional hearing is held for the court to decide if the child should return home and if the accused requires counseling or treatment and must attend periodic review hearings on their progress. After a year, if the case is still open, the court holds a permanency hearing to determine a permanent solution for the child.
The Family Law Team at the Lento Law Firm Can Help
Being involved in a DCP&P investigation is very stressful, whether you are you believe your child has been abused or neglected or face accusations yourself. The Lento Law Firm Family Law Team has helped individuals and families throughout Salem County and the rest of New Jersey to navigate this highly charged process. We will provide the legal guidance you need and treat you with the compassion you deserve. Let us put our experience helping parents protect their children and their own rights to work for you. Call 888-535-3686 or use our contact form to schedule a consultation.
