Being a parent is tough, but it is one of the most rewarding experiences of most people's lives. You should expect to deal with toddler tantrums and teenage drama, but you shouldn't have to endure false allegations of child abuse or neglect that threaten your family's long-term stability. If a family member, former spouse, or anonymous individual is falsely accusing you of harming your child, you need to take swift action to prevent these allegations from manifesting into real-world damage.
The Lento Law Firm is here to help if the Sussex County Division of Child Protection & Permanency is investigating you for child abuse or neglect. Call our Family Law Team today at 888-535-3686 or fill out our online consultation form to provide more info and protect your family.
New Jersey Division of Child Protection & Permanency
While various organizations and agencies in the state work toward a similar goal, DCP&P is the primary force protecting and safeguarding New Jersey children from harm and abuse. When a concerned citizen reports potential instances of child abuse or neglect, DCP&P can investigate the case and remove the child from their home. Depending on what they discover, they can also permanently remove the child from their guardian's custody.
On top of swift action to protect kids from immediate harm, DCP&P also builds cases against alleged abusers that criminal and civil courts can reference in the future. However, DCP&P does not always push for police intervention, custody hearings, and restraining orders. If parents and guardians adequately address DCP&P concerns, they are able to maintain custody of their children. If DCP&P investigators receive a report about you, you still have options to fight back or explain your side of the story to prevent long-term family disruption.
DCP&P Cases and Reporting in Sussex County
If you are the subject of a DCP&P investigation following a report alleging abuse or neglect, a local DCP&P office will investigate further. In Sussex County, there is only one local office located in Newton.
Sussex County DCP&P primarily investigates two types of cases:
- Child Neglect: Instances where a parent or guardian fails to provide their child with an adequate standard of living through lack of food, shelter, medical care, or other necessities.
- Child Abuse: Instances where a parent or guardian inflicts physical, sexual, or emotional harm to their minor child.
New Jersey law requires anyone who reasonably fears that a child is being abused or neglected to make a report. This can include children they interact with through work or their own children in the custody of exes and family members. If you believe your child in Sussex County is suffering from abuse or neglect, the Lento Law Firm Family Law Team can assist in filing a report, following up with investigators, and dealing with the aftermath.
How Do DCP&P Investigations Start in Sussex County?
New Jersey's DCP&P allows anyone to make a report while remaining anonymous throughout the investigation. If they choose to voluntarily provide contact information, investigators may reach out to learn more details, but this is not a requirement. After receiving a report through the state's hotline, DCP&P forwards this information to the relevant local office.
Caseworkers do not immediately believe all accusations that come across their desks. Their initial goal is to learn as much information as possible. If you are under investigation, this means they will want to talk to you. In addition, they will want to speak to any children and family members in the home who can add clarity to the allegations.
After speaking to those within the home where the alleged abuse occurred, caseworkers will continue their investigation by reaching out to others with potential knowledge of the child's situation. This can include neighbors, doctors, teachers, babysitters, religious leaders, and extended family members.
Each DCP&P investigation can only last for 60 days at most. After an investigation ends, DCP&P will send you a report detailing their findings and conclusions. If they believe that the allegations of abuse are true or substantiated by evidence, they can choose to begin a formal process to prove their allegations in a court of law. At this time, the risks to your family are high. The Lento Law Firm can protect you and your family from further disruption when DCP&P begins court proceedings against you.
Sussex County DCP&P Court Process
Not all DCP&P cases end up in court, but it's important to be prepared when they do. The Lento Law Firm Family Law Team should be your first call if you have not yet hired attorneys when DCP&P begins its formal court process. Generally, the process will follow these steps:
- Order to Show Cause: This is DCP&P's formal set of allegations supported by the evidence gathered during their investigation.
- Preliminary Hearing: The court reviews the information provided and decides whether the evidence is strong enough to proceed to further formal proceedings.
- Fact-finding Hearing: Much like a typical court case, DCP&P and the accused both present evidence and argue for their interpretation of the facts to sway the judge to rule in their favor.
- Dispositional Hearing: Should the court side with DCP&P and rule that the evidence establishes instances of abuse or neglect, they will schedule a future dispositional hearing. At this hearing, the judge will decide where the child will live and what punishments or interventions the parent or guardian will face.
- Review Hearing: At review hearings, the court will periodically assess the current status of the case and ensure that the parent or guardian is complying with mandated interventions for substance abuse, anger issues, and other DCP&P concerns.
- Permanency Hearing: Cases that remain unresolved for one year require a permanency hearing to determine what will happen to the child long-term. The accused can provide their own plan for permanent child placement, especially if they have complied with all court requirements up to that point.
Regardless of whether your case ends up in court or concludes with a DCP&P decision, the Lento Law Firm can help. Our Family Law Team can represent you from the outset of your investigation and even appeal your case should you disagree with DCP&P's eventual findings.
Contact the Lento Law Firm Family Law Team Today
Anything that risks tearing apart your family is not something you can ignore. DCP&P investigations are often lengthy, stressful, and scary for all family members. If DCP&P is knocking at your door, you need the assistance of attorneys who have direct experience representing clients accused of abuse or neglect by DCP&P.
The Lento Law Firm has represented many New Jersey residents accused of abuse and neglect, including here in Sussex County. Our Family Law Team will work with you from the beginning of your case, helping you endure stressful investigations and protect your family throughout. Call us today at 888-535-3686 or contact us through our website to get started on your defense.
