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New Jersey Child Abuse & Neglect Lawyer

Our Law Firm Know How To Handle Child Abuse & Neglect Cases

Child abuse allegations can have severe consequences. That’s why our New Jersey child abuse and neglect attorneys at Williams Law Group, LLC take such cases so seriously. We understand that a child abuse investigation and allegation can change a person’s life forever.

There are times when the New Jersey Department of Children and Families must step in for the safety of a child. However, while this is necessary some of the time, other times the actions of DCPP (Department of Child Protection and Permanency, formerly DYFS, the Division of Youth and Family Services) can feel more retaliatory, even getting involved in custody disputes to give one person an advantage over the other.

What Are Common Child Abuse and Neglect Cases?

Child abuse and neglect cases in New Jersey can cover a wide range, including:

Physical abuse, including allegations of physically hitting a child.
Emotional abuse, especially accusations of yelling at a child, name calling or making fun of a child.
Sexual abuse, including inappropriately touching a child or other forms of abuse of a sexual nature.
Neglecting a child, including not providing a child’s basic needs, including food, clothing and shelter.

This is just a small sampling of some of the most common child abuse cases in New Jersey. There are many other types of cases. And in each case, the assistance of a skilled New Jersey child abuse attorney can often make a dramatic difference.

What Is A Title 9 Child Protection Case?

A neglected child with his head down sitting on his bed

In New Jersey, Title 9 is a state law that involves allegations of parents harming or placing their children in harm’s way, which can result in neglect or child abuse, particularly physical abuse or sexual abuse. Title 9 cases in New Jersey are not criminal cases. Instead, these cases focus on protecting the child’s best interests, not punishing the parents.

New Jersey Title 9 cases give judges and the DCPP a great deal of leeway when it comes to deciding the outcome of such cases. For example, if the case goes to court and a New Jersey Family Court judge in the Chancery Division of the Superior Court determines there was no child abuse or neglect, the case is often simply dismissed. If the judge decides the accusations were valid, the judge can still dismiss the case if the judge believes the child is no longer at risk of harm.

This is why it’s important to have a New Jersey child abuse attorney who thoroughly understands Title 9 and how it relates to such cases in the state.

What Is A Title 30 Child Abuse & Neglect Case?

In New Jersey, Title 30 is a state statute that applies to allegations of child abuse or neglect involving guardianship-related legal matters. In general, a guardian is often appointed by a judge if a DCPP investigation determines that a parent is unfit to care for their children.

Unlike child abuse or neglect cases involving Title 9 in New Jersey, Title 30 cases often involve allegations related to lack of food, insufficient medical care or children being exposed to substance abuse. As such, Title 30 cases are more about incidents that pose a danger to a child often on a day-to-day basis.

Many Title 30 cases take weeks or months to resolve. Often before going to court, many Title 30 child abuse or neglect allegations are investigated out of court by the DCPP. However, Title 30 cases can move faster and switch to a court case, especially if parents are uncooperative with DCPP investigators. That’s why it’s important that you have an attorney on your side familiar with the sensitive nature of Title 30 child abuse or neglect cases.

DCPP and Child Abuse Cases

You may wonder why you need a lawyer when DCPP contacts you. There are multiple reasons for this, primarily the fact that there is lots of red tape to navigate any time you deal with DCPP. If you do not have the necessary knowledge of how the agency operates, you could find yourself at a severe disadvantage. Having a lawyer from the Williams Law Group who focuses on this field will ensure you are fully prepared to fight the charges against you. Our attorneys are knowledgeable of all DCPP procedures and will ensure you are never blindsided by the process, keeping you informed and up to date every step of the way. Our New Jersey child abuse attorneys have a proven history of fighting DCPP cases and will do whatever it takes to ensure you have the greatest advantage in getting your child back home with you.

DCPP Child Abuse Investigations

DCPP may receive an allegation of child abuse against you from a teacher, a doctor, the child’s other parent, a police officer, a neighbor, or virtually anyone else. Within 24 hours, the agency will begin an investigation into the allegations, unless there is an immediate risk to the child. The child may or may not be removed from the home at this point, depending on the allegations and the circumstances.

A DCPP caseworker will investigate the allegations, making a formal finding, usually within 60 days of the initial referral. The agency will either find the charges substantiated, unfounded, established or not established, with the worst being substantiated, and unfounded meaning the case is closed. Established and not established findings are a bit murkier.

Child Abuse Cases In Court in New Jersey

DCPP court cases can be quite intimidating for the parent charged with child abuse or neglect, and even for lawyers who do not have significant experience facing DCPP in court. DCPP is a huge government bureaucracy and rarely works in the same manner as the American legal system.

If a child abuse case in New Jersey makes it to court, the case will likely be heard by a family court judge in a New Jersey Superior Court, Chancery Division, Family Part. These courts are organized geographically in New Jersey primarily on a countywide level. As a result, if you are facing a child abuse allegation in Short Hills, New Jersey, your case will likely be heard by a New Jersey Superior Court judge in Essex County’s Chancery Division, Family Part, which is located in Newark, NJ.

Unfortunately, the lowest level of proof is required for the state to “prove” a child has been abused or neglected, therefore having an experienced, knowledgeable New Jersey attorney from the Williams Law Group, LLC by your side can truly make the difference between losing your child and a more favorable outcome.

Can You Appeal A DCPP Child Abuse Finding?

Yes. As a defendant in litigation filed by DCPP, you are entitled to file an appeal with the New Jersey Superior Court, Appellate Division, if you disagree with the trial court’s decision. If the findings in your case are “substantiated,” you must request an appeal within 20 days of receipt of DCPP’s findings. If the findings are “established,” or “not established,” you have 45 days from the date of the administrative finding to file a Notice of Appeal. An appeal for a Judgment of Guardianship Terminating Parental Rights must be requested within 21 days. There is a specific format necessary for DCPP appeals—having a highly qualified attorney by your side will ensure the format is adhered to and that no crucial deadlines are missed.

Rights of Relatives

DCPP has a statutory obligation to contact the relatives of a child in its custody, initiating a thorough search for any relative who could be willing and able to care for the child. If a specific relative is unwilling or unable to care for the child, DCPP must notify that relative in writing if there is a change in circumstances upon which the determination was made. DCPP has a responsibility to reunify the biological family, however, when the child’s needs cannot be met in his or her home, or by relatives, the agency may place the child in foster care.

Kinship Legal Guardianship

Kinship legal guardianship can have major consequences for families in the state of New Jersey; when a caregiver is appointed as kinship legal guardian, he or she has effectively assumed responsibility for the child until that child turns 18. The caregiver must notify the parents of the child that he or she is applying for kinship legal guardianship, and the parents may oppose the action. While kinship legal guardianship is most often sought by relatives of the child, the program is also available to close family friends or those who have a legal relationship with a child in their care.

Termination of Parental Rights in New Jersey

In the state of New Jersey, a parent’s rights may be terminated voluntarily or involuntarily. If a parent gives up parental rights voluntarily, they are likely consenting to have the child adopted. There are five grounds to involuntarily terminate parental rights:

When a parent or caregiver has been convicted of child abuse, abandonment, neglect or cruelty to the child.
When it appears it would be in the best interests of the child to terminate parental rights.
When the parent has abandoned the child.
When DCPP has made reasonable efforts to encourage and strengthen the parental bonds, yet those efforts have failed.
When the parent has been convicted of murder, aggravated manslaughter, manslaughter of another child of the parent, assault or attempted assault of a child, or any serious act which resulted in death or injury of a child.

Termination of Parental Rights Defense

It is crucial that you have a New Jersey attorney from the Williams Law Group, LLC by your side to defend your parental rights against termination in a child abuse case. Our attorneys will challenge unwarranted removals of a child from the home, will ensure DCPP is making reasonable efforts to reunify and will fight for your parenting time. At each hearing, we will clearly demonstrate your progress in your quest to be reunited with your child, and we will conduct our own thorough investigation into the allegations made against you.

Termination of Parental Rights Mediation

Mediation may be used as a method of resolving conflict in a DCPP case, and occasionally the court will refer a complex case to mediation prior to resorting to trial. Mediation can halt a termination of parental rights by allowing the parents and DCPP to resolve current conflicts and make decisions that are in the best interests of the child – without taking the drastic step of termination of parental rights. The mediator (a neutral third-party) will work with the parents, DCPP, the respective lawyers, and any other parties who have an interest in the well-being of the child. All parties are given a chance to speak, and the mediator will facilitate the mediation, providing guidance and information when needed.

Foster Parent Rights

In the state of New Jersey, foster parents rarely have the right to intervene in DCPP proceedings, however, the foster parent relationship is a huge part of a termination of parental rights case. A bonding assessment may be done, with an expert appointed by the court to study the bonds between the child and the foster parents, as well as the bonds between the child and the birth parents. If the expert determines the child is more bonded to the foster parents, then he or she may determine that termination of parental rights is in the best interests of the child. Bonding assessments are usually only done when the child has been with the foster parent for a significant length of time.

Surrender of Custody

Although parental rights are inherent, those rights may be terminated voluntarily or involuntarily, through a court order. When a parent surrenders his or her parental rights, the parent agrees to end the legal relationship with their child. There may or may not still be an obligation to financially support the child, however, there will be no other rights or obligations regarding the child. If you voluntarily surrender your parental rights, DCPP will provide you with counseling to ensure you are aware of all the consequences of surrendering custody of your child and that the surrender of custody is in the best interests of your child. Both the court and DCPP must approve your surrender of custody for it to be legal, and there are limited circumstances under which a voluntary surrender of custody will be accepted. If you feel you are unable to care for your child, you may have other options besides surrendering custody of the child. It is extremely important that you speak with an experienced attorney from the Williams Law Group prior to making such a drastic decision in a child abuse case.

Surrender of Custody-Identified

When a parent makes an identified surrender of custody, the parent is naming a specific person as the adoptive parent for the child. If an identified surrender is made but the adoption is not completed, the identified surrender will be vacated, and the parent may be asked to make a general surrender.

Surrender of Custody-General

When a parent makes a general surrender of a child, DCPP can then find an adoptive home for the child. Whether you make an identified or general surrender of your child, your actions will have no bearing on the parental rights of the child’s other parent.

Sibling Visitation

The Child Placement Bill of Rights Act governs sibling visitation during the period when a child is placed outside his or her biological home, even after the termination of parental rights. Under the Act, DCPP is obligated to “nurture sibling relationships,” despite a termination, and even when a sibling has not initiated the process. If such visitation is opposed by DCPP, the agency has the burden of showing such visitation would not be in the best interests of the child. Whether a foster family wants the sibling visitation should be irrelevant to the issue.

Interstate Compact on the Placement of Children Issues

When a person in another state finds out a relative of his or hers has been placed in foster care and wants to bring the child to their home to take care of, the Interstate Compact on the Placement of Children Issues (ICPC) comes into play. The ICPC is an agreement between two states, which offers provisions for children in care who are moved from one state to the next. The purpose of the ICPC is to protect all those involved in the placement process, ensuring the child is placed in a secure environment and will have full legal, medical and financial protections. To initiate the ICPC process, the DCPP caseworker must be contacted, and you will be named as a potential caregiver. From that point, a Child Welfare representative in your own state will begin the licensing process, including a home study.

Why You Should Choose Our New Jersey Child Abuse Lawyers

There are many reasons why you should hire a New Jersey child abuse attorney from our law firm to handle your important legal case, including:

Extensive experience representing people facing such allegations in New Jersey.
In-depth understanding of New Jersey’s complex child abuse and neglect regulations.
Familiarity with DCPP and its process for handling child abuse allegations.
Relentless work ethic on behalf of clients and their families.
Open communication with clients about the status of their case.
Commitment to providing you with the best possible legal defense.

Our testimonials speak for themselves. If you are dealing with a complicated child abuse or neglect case in New Jersey, you can count on our dedicated legal team of lawyers to work tirelessly on your behalf. Contact our law firm as well to request your copy of our e-book, “False Allegations Of Child Abuse,” to learn more about your legal rights.

Get The New Jersey Child Abuse Attorneys Who Get Results

There are so many legal complexities often associated with a DCPP investigation or child abuse court trial. Even the court system in New Jersey that handles these specific cases is a separate court system that can be unlike many other courts in New Jersey. That’s why it’s important that you have a lawyer who’s familiar with New Jersey’s unique court system as it applies for child abuse and neglect cases.

If you are facing allegations of child abuse or neglect in New Jersey, it’s important that you speak with an attorney from the Williams Law Group, LLC as quickly as possible to make sure your rights are protected. We will fight aggressively for your right to keep your child in your home or to be reunited with your child. We understand that in some cases, allegations may be false, or there may be extenuating circumstances in your case. That’s why you can trust us to mount a vigorous, in-depth investigation on your behalf.

Whatever your situation, don’t give up hope. We want to help and make sure your voice is heard loud and clear. Contact our New Jersey child abuse lawyers today. We have offices located in Short Hills and Parsippany. You can count on us to stand up for your rights.