Against Allegations
When facing allegations of child abuse or neglect, many parents feel the need to withhold information to protect themselves. Parents often wonder whether they should admit to the allegations to be cooperative and get the services and support they need or to deny the allegations outright. I advise parents who are facing child abuse or neglect allegations to speak with an experienced child welfare attorney, preferably before they respond to the allegations. Only an attorney familiar with the facts and circumstances of the case can provide legal advice on whether or not to agree to allegations, but here are a few things you should know about responding to child abuse or neglect allegations.
Once the Division of Child Protection and Permanency (DCP&P) has removed your child from your home, it must file a Complaint within two days, which commences the court process. At this point, you have the chance to submit an Answer to the Complaint, which should include a rebuttal to the claims made in the Complaint. It might not be in your best interests to submit an Answer, so speak with an attorney before doing so.
Parents have the right to disagree with certain decisions made by the DCP&P, such as a substantiated finding, which you can appeal. Parents cannot, however, disagree with decisions made by the court.
Agreeing to false allegations can do more harm than good. Again, resist the urge to agree with the allegations in hopes of getting your child back sooner. You should speak with an attorney so you can strategize a way to combat the false allegations.
You need to be strategic when responding to allegations of child abuse or neglect. The child welfare litigation process can be equated to a battle; you are against the State. Even if you believe the allegations are true, you should never agree to them until you thoroughly understand the law on child abuse and neglect and the standards that must be met for the State to prove the allegations are true.
When the ultimate goal is reuniting with your child as soon as possible, most parents will do whatever it takes. Disagreeing with the allegations and denying wrongdoing has the potential to prolong the child welfare case proceedings, so some parents agree simply to keep the case progressing. This could be a mistake because of the ramifications of admitting to abuse allegations. Speak with an experienced New Jersey child welfare defense attorney if you are facing child abuse or neglect allegations. It is important you consult with an attorney before agreeing or denying any allegations. A knowledgeable attorney can advise you on what to do and can protect your best interests.
Are you facing allegations of child abuse or neglect? The attorneys at the Williams Law Group, LLC understand how stressful your experience can be and will serve as your advocate every step of the way. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation so you can work with an experienced New Jersey divorce and child custody attorney.