When the Division of Child Protection and Permanency (DCPP or the “Division”) knocks on your door, it can be an overwhelming experience. If you find yourself in such a situation, there has most likely been a child abuse or neglect referral made against you. When such a referral is made to the Division, a caseworker is sent to your residence to initiate contact and conduct the Division’s investigation. It is crucial to understand your rights and the steps you should take to protect your interests and those of your family.
Steps To Take During a DCPP Visit
- Stay Calm and Composed: When the Division is visiting your residence, emotions tend to be all over the place. It is important that you remain calm and composed. First impressions mean a lot. Understand that the Division is obligated to investigate a matter when a referral is made. Being professional and respectful can go a long way in diffusing tension and quickly moving the process along.
- Understand Your Rights: You are not required to allow the Division into your home. Nonetheless, if you refuse access to your home, the Division may file a Complaint and request an Order to Investigate. If the Order to Investigate is granted, which is highly likely, the Division will then be permitted to conduct its investigation, including the home visit, under Court Order. It is advised that you contact an attorney immediately.
- Division Requests: The Division may make requests during their initial visit, such as requesting you to sign releases or complete evaluations. You have the right to deny all of these requests and should do so until you have the opportunity to speak with an attorney with expertise in Division cases.
- Identify the Allegations: Ask the caseworker to clarify the nature of the allegations made against you. Understanding the specific claims can help you and your attorney build a strong defense moving forward.
- Be Careful with Your Statements: Anything you say to the caseworker will be used in their investigation. The caseworker will create contact sheets which summarize the visit and will include a summary of the visit in their Complaint, if one is later filed with the Court. You have the right to an attorney and can request that the "interview" be postponed until you have the opportunity to speak with an attorney who has expertise in Division cases.
- Seek Legal Counsel: It is imperative that you seek legal representation as soon as possible. An attorney experienced in Division cases can guide you through the process, help you understand the implications of the investigation, and provide you with the best defense. Having an experienced attorney on your side can expedite the investigation process while also improving the results.
- Document Everything: Keep detailed records of your interactions with the Division, including the dates and times of visits or calls, the names of the workers you spoke with, and the information they provided. This documentation can be crucial for your defense.
Get the Emergency Legal Help You Deserve
Facing an investigation from the Division can be an intimidating and stressful process. Although the Division has an obligation to investigate any and all referrals made to them, you also have your own interests and rights to protect.
Being professional, understanding your rights, and seeking qualified legal counsel can help protect those interests and rights. By taking these steps, you can navigate the process effectively, ensuring your family's rights are respected, and the best outcome is reached.
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