You'd do anything for your kids. You worry about them constantly and do your best to ensure they have everything they need. That's why it can feel shocking—or even like a betrayal—if you're accused of abusing or neglecting your child by a friend or family member. Once this kind of allegation has been made, it's crucial to act quickly. It won't simply go away if you ignore it, even if you know you've done nothing wrong. With child abuse and neglect cases in New Jersey, the situation can spiral out of your control almost immediately.
You will most likely have to deal with the New Jersey Division of Child Protection and Permanency (DCP&P) if you get accused of child abuse or neglect. Although this government agency is tasked with doing what's best for the children in each case, you shouldn't trust the DCP&P to resolve the matter for you. Instead, you should get legal guidance and support from the Family Law Team at the Lento Law Firm. We help families in Jersey City deal with the DCP&P and advise you on the best actions to take in your situation.
Call our team at 888-535-3686 or fill out our contact form so we can learn more about you and figure out the best way to help.
The Division of Child Protection & Permanency
The DCP&P's role is to protect children in New Jersey from abuse and neglect. It doesn't have the authority to make arrests, but it can remove children from the custody of anyone suspected of abuse. That means that if you're accused of abuse or neglect, the DCP&P is legally allowed to remove your children from your home.
Removing children from dangerous situations is only a small part of the DCP&P's work. They also:
- Investigate all claims of abuse or neglect received.
- Determine if accused persons are actually responsible for child abuse or neglect.
- Build legal cases against people who have allegedly committed abuse or neglect.
- Ask law enforcement to charge accused people with crimes, if applicable.
The DCP&P can also ask for restraining orders against parents, legally preventing them from coming near or contacting their children. Although the DCP&P isn't law enforcement or part of the criminal justice system, it has the power to completely disrupt your family life.
DCP&P Reporting in Jersey City
The DCP&P has a local office in Jersey City—one of four located throughout Hudson County. It's the Hudson Central LO, #470, located at 438 Summit Avenue, 4th Floor. If you're a Jersey City resident, this office is likely the one you'll deal with if you're involved in a DCP&P investigation.
The Jersey City DCP&P office deals with two types of cases: abuse and neglect. Child abuse constitutes physical, sexual, or emotional harm to a child under 18. Abuse is committed by a parent, guardian, or someone entrusted with the child's care.
Child neglect is any failure by parents, guardians, or caregivers to provide proper nutrition, clothing, shelter, medical care, or a safe living environment to a child.
In New Jersey, everyone is considered a “mandated reporter.” Any person who reasonably suspects child abuse or neglect is legally obligated to report it to DCP&P, and failure to do so is a disorderly persons offense (the equivalent of a misdemeanor). All reports of child abuse and neglect are kept confidential as well, so you most likely won't be able to find out who reported you.
How DCP&P Investigations Work in Jersey City
Once the DCP&P receives a report of possible child abuse or neglect in Jersey City, it sends out a case worker from the Jersey City office to investigate. The caseworker typically goes to the home of the child mentioned in the report and asks to speak to the child and other people living in the home with them.
Generally, the best course of action if a DCP&P case worker shows up at your door is to let them in and do their work. If you refuse to let them in, they have the right to get legal help from a judge or law enforcement—and you'll be forced to let them in.
Once the case worker finishes interviewing the child and the members of your household, they may also speak with other adults in the child's life, such as teachers, doctors, or neighbors. The caseworker must conclude their investigation within 60 days.
When the investigation ends, you should receive a letter from the DCP&P with the findings. If the abuse or neglect is “substantiated,” you may have to go to court.
The Court Process for Jersey City DCP&P Cases
Remember, the Jersey City DCP&P has the power to launch civil court proceedings. If the agency chooses this option in your case, here's how the process will go:
- The DCP&P must show proof of the accusation of child abuse.
- The court decides if there's sufficient evidence for the case to continue at a preliminary hearing.
- You and the DCP&P can present evidence at a fact-finding hearing.
- The court decides if the child should return home at a dispositional hearing.
- If the accused person was ordered to seek counseling or treatment by the court, the judge checks in on their progress at a review hearing.
- If the case is still open after one year, the court holds a permanency hearing to present a plan for a permanent solution.
Not every DCP&P investigation leads to a court proceeding. The DCP&P can also make an administrative decision regarding the alleged abuse or neglect, and the parents or guardians usually have the opportunity to appeal this decision.
How the Lento Law Firm's Family Law Team Can Help
DCP&P investigations are emotionally wrenching for parents. It's not just dealing with a government agency and all the headaches that usually come with that—it's the distress you feel at the thought of having your kids taken away. It's knowing that any error or mistake in the DCP&P process, however small or procedural, could essentially ruin your family. When you're dealing with such a difficult situation, you shouldn't be alone.
The Lento Law Firm is here to offer guidance and support during the DCP&P investigation and afterward. Our Family Law Team will help you understand the more complex parts of the process and work to defend the best interests of your children and your family. We assist families in Jersey City and throughout the state with DCP&P matters, and we can help your family too.
Call 888-535-3686 or send us your case information via our confidential contact form, and a member of our team will reach out to schedule a consultation.
